Terms and Conditions

A. These Terms of Use (these “Terms”) are a binding agreement between you (“You” or “Member” or “Patron”) and Hops N Hounds, LLC, doing business as Hops & Hounds (referred to herein as “Company” or “Hops & Hounds”) and these terms govern your use of the Company facilities, mobile applications, products and services provided through or by the Company (collectively, the “Service” or “Services” and “Facility” or “Facilities”).

B. Accessing or using the Services or Facilities thereby confirms your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services or Facilities. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services or Facilities.

C. Company may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services, Facilities, or any portion thereof, at any time for any reason.

D. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Services or Facilities after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Services.

E. Please read these Terms and our Privacy Policy carefully before using the Facilities or Services. Please note: These terms contain a mandatory arbitration clause, class action waiver and waiver of jury trial. By accepting these terms and using the Services or Facilities, you expressly waive your right to bring claims outside of arbitrations, claims for non-individualized relief (including participating in a class action), and to trial by jury. If you do not agree to these Terms, you may not access or otherwise use any of our Services or Facilities.

F. Limitation of Liability: as further detailed herein, if Company or any of its patrons, canine patrons, employees, affiliates, agents, representatives, suppliers, service providers, contractors, independent contractors or subcontractors (collectively, “Related Parties”) are found liable for any injuries, liabilities, expenses, losses, costs, deficiencies, fines, penalties, judgements, or damages (including consequential or punitive damages) of any kind or nature, or out of pocket legal or other expenses to you, your canine, or any person under your supervision and care, including, without limitation, reasonable attorney’s fees and expenses (collectively “Losses”) due to its negligence, negligence per se, breach of warranty, violation of any consumer protection statute or failure to perform its or their obligations under these Terms, the maximum liability (including, without limitation, joint and several liability) will be two thousand five hundred dollars ($2,500.00 US). This amount is the agreed upon damages, is not a penalty, and shall be your exclusive remedy. To the full extent permitted by law, you assume all risk, on behalf of yourself, your canine(s) and any persons under your supervision, while on Company property, of injury or losses, including to personal property and personal injury (including death) and you hereby waive any and all rights of recovery in excess of $2,500.00 for any claim, action or cause of action against the Company or Related Parties for any losses arising from or related to Services. Further, you hereby release and waive for yourself, your canine(s) and any person under your supervision while on Company premises, and any insurer, all subrogation and other rights to recover against Company or Related Parties arising as a result of the payment of any claim for loss, damage or injury. You understand and agree that the Services and Facilities may not perform as expected and could result in harm or injury.

A. The following Terms, Conditions and Rules are Specific to all Leash-Off Areas of the Facility and Access to said Areas via Membership through the Company Software Application (The Hop & Hounds App, or APP). For purposes of clarity, “leash-off areas” refers to areas where patrons are permitted to remove their canine’s leash to allow the canine to roam and play within the designated area.

By downloading the Hops & Hounds Membership App and creating a profile, You agree to the following additional terms and conditions;

1. A periodic charge may occur for each appropriate billing cycle or as a one-time charge, constituting my Service and Usage Fees to become a Member of Hops & Hounds, to allow myself and my canine access to specific areas of the property, and are due under my Hops & Hounds account.

2. All payments are non-refundable, and charges made to the credit card above under this agreement will constitute in effect a “sales receipt” and evidence that services were rendered and received.

3. To terminate the recurring billing process, I must terminate my service agreement in writing or arrange for an alternative method of payment with at least 30 days. I will not dispute Hops & Hounds recurring billing charges with my credit card issuer so long as the amount in question was for periods prior to the receipt of my written request to terminate my Hops & Hounds services at lease 30 days prior to an upcoming billing date.

4. You will not add any Non-Family Member or Significant Other as a Shared Member of Yours, within the App, if that Shared Member is not legally living with you at your primary residence. Adding “Users” and “Canines” to your Account who do not reside with you at your Primary Residence is a violation of these Terms and Conditions and will result in financial penalties and possible cancellation of your Account within the App, preventing You, related Parties and all related Canines from accessing Company Facilities and Services.

B. Release of Liability and Liability Waiver

You understand and accept that, as a member/participant, for good and valuable consideration, including the right to use the Dog Park, you hereby (i) agree to be solely financially responsible for and shall indemnify and hold harmless Hops N Hounds LLC and any of its officers, employees, servants, agents, and related parties (hereinafter referred to as “RELEASEES”), (ii) shall release, waive, discharge and covenant not to sue RELEASEEs, for an loss, liability, cost, claim, damage of any kind of nature (including without limitation, incidental and consequential damages), expense (including, without limitation, costs of investigation, defense and settlement, and reasonable attorney’s fee and expenses) and/or cause of action, whether or not involving a third-part claim (Collectively “Damages”) arising, directly or indirectly, out of or related to any loss, damage, injury, death that occurs to person or dog, as a result of my election to use the Dog Park (including Damages caused in whole or in part by negligence of Hops N Hounds LLC and/or staff), and (iii) knowingly and voluntarily assume any and all risk of harm to person or dog (including damages caused in whole or in part by negligence of Hops N Hounds LLC staff).

This agreement releases Hops N Hounds LLC or any company doing business as Hops N Hounds LLC “Hops” from any liability to you, your canine or anybody accompanying you except for gross negligence. This agreement affects any rights you may have if you, your canine or anybody accompanying you suffer damages while using the Dog Park or any of our facilities. The “Dog Park” is that portion of Hops N Hounds LLC entire grounds (“Grounds”) for which you have voluntarily paid a separate membership fee to use and is fenced off from the other Grounds. Please see Section 9 for additional information around Liability Remedies.

C. Health/Behavior of Canine Participants

1. User hereby declares, represents, and warrants that Participant’s dog(s):

   • Is a least 4 months old.

   • Is friendly and social around people and other dogs.

   • Is clean and does not have fleas or ticks.

   • Is spayed/neutered, and is current within the calendar year on vaccinations, including Rabies, DHLPPC, and Bordetella

2. Participant further understands and agrees that in admitting their dog to the Dog Park, the Dog Park and Hops N Hounds LLC staff have relied on Participant’s representation and warranty that such dog is in good health and has not harmed or shown aggressive, threatening, or vicious behavior towards any person or other dogs.

3. Owners are responsible for behavior of their dog and must promptly break up a

D. DOG PARK RULES

1. Membership to the Dog Park is voluntary and at your own risk. We reserve the right to excuse any person or dog from the Dog Park at any time for negative behavior which could be harmful to people (including staff) or other dogs. It is the participant’s sole responsibility to ensure the safety and well- being of your dog, your guest, and yourself. Membership may be suspended or revoked at any time if it is found that a participant has jeopardized the safety of other Dog Park Members.

2. Member agrees to keep his or her dog leashed when not inside the Dog Park. Member may release his/her/their dog(s) from their leash only inside the Dog Park.

3. Members must remain in the Dog park at all times with their dog(s) when utilizing the dog park Facilities.

4. Abandoning dogs is prohibited and is punishable by law. Violators are subject to revocation of Membership and will be banned from using the Dog Park as well as being reported to the City of San Antonio.

5. Minors under the age of 18 are not allowed in the Dog Parks at any time.

6. Member understands staff will be inside the dog park to help keep it clean. Member also understand that they are responsible for picking up and properly disposing of any waste left by their dog(s) both inside the dog park and in all on leash areas of Hops N Hounds LLC properties.

7. Hops N Hounds LLC has the right to edit, change and add to the Dog Park Rules at any time.

E. MEMBER MUST BE AT LEST 18 YEARS OF AGE

By signing this Disclaimer, Agreement and Waiver, I state that: I have read and understand the conditions set forth in this Disclosure, Rules and Release” I am 18 years of age or older; I agree to all conditions set forth herein, and I sign this voluntary. This is a release of liability. Do not sign if you do not understand or do not agree with its terms.

3. GENERAL TERMS & CONDITIONS AND INTENDED GOALS OF THE SERVICES:

The following Terms and Conditions apply to all other rules, terms and conditions of Hops & Hounds, their property and their services, including the Hops & Hounds Membership App (mobile phone application for managing memberships and access to designated areas and services for Hops & Hounds).

4. WHAT YOU CAN NOT EXPECT FROM THE COMPANY, ITS SERVICES OR THE FACILITY:

5. SOFTWARE SERVICE DESCRIPTION: GRAND OF LIMITED LICENSE RIGHTS: OWNERSHIP OF SERVICE

6. LIMITED WARRANTY: OTHER PRECAUTIONS:

7. YOUR RESPONSIBILITIES:

H. User Representations and Warranties

1. You represent, warrant and agree that (a) You will access the Service solely for your individual, personal purposes (including those of any linked Member or Canine Member sharing the account); (b) Your account or access to Services will not be transferred to or used on behalf of a third-party or non-member; (c) You will not remove any copyright, proprietary rights or other notice included in or on any portion of the Service, computer code or documentation; (d) You will not distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Service to any third-party or reproduce or create derivative works based upon the Service or any portion thereof; and (e) neither You nor anyone else will attempt to reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to discover the source code of the Service.

2. You represent, warrant and agree that You will not use the Service in a manner that (a) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third-party; (b) violates any law, statute, ordinance or regulation; (c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, false, obscene, libelous, or otherwise objectionable; (d) involves commercial activities and/or sales without Company’s prior written consent, including without limitation contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including without limitation any employee or representative of Company; or (f) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program. Member shall defend and indemnify Company, its members, stockholders, officers, employees, contractors and all Related Parties from all losses, claims, liens, judgments or suits arising, directly or indirectly from a breach of this section.

I. Third Party Content: The Service may contain links or connections to third-party websites, content or services that are not owned or controlled by Company. When You accesses third-party websites or content or uses third-party services (including those provided by Related Parties), it accepts that there are risks in doing so. Company encourages members to be aware when they leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that they visit or utilize. Member acknowledges and agrees that: (a) Member assumes all of the risk relating to such third-party websites, content or services, (b) Member understands that such third-party websites, content or services is not being provided by or for Company; and (c) Company makes no warranties, express or implied, and shall have no liability in connection with, such third-party websites, content or services.

J. Third Party Rights: Company reserves the right not to monitor, and has no obligation to monitor, User Content and reserves the right to delete or disable User Content at any time and for any reason.

A. Paid Services: Some Services may be provided as Paid Services for subscribing Members only (the “Paid Services”). If Member wishes to use the Paid Services, Member must pay and be current on all applicable fees and membership fees allowing for access to such Paid Services and all required Canine Health Requirements must be met. Member will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan selected when purchasing the Subscription or Membership. Paid Services will only be provided to paid, active Members and their Canine(s), and a valid form of identification may be required at the time of service that must match the name on the Membership Account. Additionally, Canine photos must match the Canine member information provided. Should someone other than the Member be granted access to your Membership, you, the Member, will be responsible for all costs associated with services, even if the services are denied based on Third Party Provider’s inability to validate that the identity of the individual utilizing Services matches the name and photo identification on the Membership Account. Do NOT allow others to log in, access or use your Membership as you will be responsible for any and all charges incurred regardless of Services provided.

B. Third Party Payment Processor: Company uses a third-party payment processor (the “Payment Processor”) to bill Member through a payment account linked to Member’s account on the Services (Member’s “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions, and Privacy Policies of the Payment Processor in addition to these Terms of Use. Company is not responsible for errors made by the Payment Processor. By choosing to use Paid Services, you agree to pay Company, through the Payment Processor, all charges at the prices then in effect for use of any such Paid Services in accordance with the applicable payment terms and Member authorizes Company, through the Payment Processor, to charge Member’s chosen payment provider (Member’s “Payment Method”). Member agrees to make payment using that selected Payment Method. Company reserves the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment. For any questions or concerns about billing, Member must send an email to [email protected]

C. Automatic Renewal: At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. This does not apply for Daily Memberships or Daily Use Passes.

D. Subscription Cancellations: You may cancel your subscription renewal either through your account settings page or by contacting the Company. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the Service until the end of your current Subscription period. If the Subscription has been made through an in-app purchase, you can cancel the renewal of your subscription with the appropriate application store.

E. Billing: You shall provide the Company with accurate and complete billing information including full legal name, address, state, zip code, telephone number, email and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will notify you indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice, and payment must be made to continue Services for Member. If the Subscription has been made through an in-app purchase, all billing is handled by the appropriate application store and is governed by the application store's own terms and conditions.

F. Fee Changes: The Company, in its sole discretion and at any time, may modify the subscription or membership fees. Any subscription fee change will become effective at the end of the thencurrent subscription period. The Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

G. Refunds: Except when required by law, paid subscription or membership fees are nonrefundable. Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. If the subscription has been made through an in-app purchase, the application store's refund policy will apply. If you wish to request a refund, you may do so by contacting the application store directly. Refunds for membership or Services are non-refundable.

H. Free Trial: The Company may, at its sole discretion, offer a free trial for a limited period of time. You may be required to enter your billing information in order to sign up for the free trial. If you do enter your billing information when signing up for a free trial, you will not be charged by the Company until the free trial has expired. On the last day of the free trial period, unless you cancelled your membership subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.

I. In-app Purchases: The Application may include in-app purchases that allow you to buy other products, Services or Subscriptions. More information about how you may be able to manage inapp purchases using your device may be set out in the Application store's own terms and conditions or in your device's help settings. In-app purchases can only be consumed within the Application. If you make a n-app purchase, that in-app purchase cannot be cancelled after you have initiated its download or request. In-app purchases cannot be redeemed for cash or other consideration or otherwise transferred. If any in-app purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement in-app purchase or issue you with a patch to repair the fault. In no event will we charge you to replace or repair the in-app purchase. In the unlikely event that we are unable to replace or repair the relevant in-app purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the application store to refund you an amount up to the cost of the relevant in-app purchase. Alternatively, if you wish to request a refund, you may do so by contacting the application store directly. You acknowledge and agree that all billing and transaction processes are handled by the application store from where you downloaded the Application and are governed by that application store's own terms and conditions. If you have any payment related issues with in-app purchases, then you need to contact the application store directly.

J. User Accounts: When you create an account with Company, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on the Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with the Service or a Third-Party Service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username or the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

K. Your Feedback to Us: You assign all rights, title and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a nonexclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.

L. Links to Other Websites: Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

M. Termination: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately. Member may stop using the Service at any time by contacting Company at [email protected]

Please refer to Company’s Privacy Policy to understand how Company treats information a Member provides to Company after a Member has stopped using the Service.

N. Effects of Termination: Provisions that, by their nature, should survive termination of these Terms shall survive termination including, without limitation, any obligation Member has to pay (Payment Terms) or indemnify (“Indemnity and Disclaimers”) Company, any limitations on Company’s liability, any terms regarding ownership or intellectual property rights (i.e. “Service Description; Grant of Limited License; Ownership of Service”), and terms regarding disputes (i.e. “Dispute Resolution”), “Member’s Representations and Warranties,” and “General.”

A. Dissatisfaction with the Terms: Member’s only right with respect to any dissatisfaction with any modifications to these Terms, or any policies or practices of Company or Third Party Provider, including, without limitation, (i) any change in the content of the Service, or (ii) any change in the amount or type of license fees, if any, is to terminate use of the Service. There shall be no reimbursement of fees paid prior to termination.

B. Indemnification: To the fullest extent permitted by law, Member agrees to indemnify, defend, hold harmless and release Company from liability and shall reimburse Company for any losses incurred in connection with any claims, suits, judgments and causes of action which relate to Company’s products or services (including the Service). This duty to defend and indemnify includes, without limitation, claims brought by any third-party, including, without limitation, Member’s insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability. The duty to defend and indemnify applies even in the case of Company’s negligence or breach of warranty. Member waives any rights that Member’s insurance carrier or others claiming through Member may have against Company or Third Party Provider, including any rights of subrogation.

C. Limited to English Language: Member acknowledges that although Company is using reasonable efforts to expand languages supported by the Service, it does not currently support any language other than English. Member’s only right with respect to dissatisfaction with Company, including languages supported by the Service, is to terminate use of the Service.

D. User Authentication; Interaction with other Users: Company cannot and does not represent that any Member is the person who he or she claims to be. Member’s interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such interactions, are solely between Member and such organizations and/or individuals and at Member’s own risk. Member should make whatever investigation Member feels necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Member agrees that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

E. Certain Liability Exclusions:

1. Member acknowledges that neither Company nor the Related Parties is an insurer of or against any potential or actual loss or damage to person, pet, or property that may occur. Member acknowledges and agrees that it is extremely difficult to calculate the actual damages, if any, which may result from Company’s alleged failure to perform the Service(s) due or from the operation of its products, due to, among other things, the: (a) uncertain and/or unknown pecuniary value of any injury, damage or loss involving Member or their property; (b) inability to ascertain what portion, if any, of an alleged injury was proximately caused by the Company or Third Party Provider’s alleged failure to perform the service(s) or failure of the facility, equipment or product(s); and (d) the general nature of the Services.

2. Member further acknowledges that the payments Member makes under these Terms are not related to the net worth, value or earning capacity of the Member or their property, but rather are based on the cost of the Services, and specifically take into consideration the legal protections afforded to Company under these Terms. Therefore, Company expressly denies and disclaims all liability for any loss or damage which may occur prior to, at or after Member agrees to these terms, including liability based on contract, tort, negligence or any degree, warranty (including merchantability and fitness for a particular purpose) and all other theories of liability.

3. Company shall not be liable for any use of or reliance on the Service under any circumstances, or for any interruption, unavailability of or error in the Service or any information made available through the Service, even if caused by Company’s negligence and/or failure to issue alerts or notices. Company will not be liable for any failure or delay in performance directly or indirectly caused by acts or omissions of the Member (or any other Member’s affiliated or associated with Member’s account) or any other Third Party. Member agrees to assume all the risks in using the Service, whether known or unknown, including without limitation, the risk that the service or the information made available through the Service will be interrupted, unavailable, inaccurate, or incomplete. Company makes no warranty, representation or guarantee that Member will be contacted by any Third Party Provider or governmental authority, or that if contacted, the information provided will be accurate. Company reserves the sole right to modify or discontinue the Service at any time, with or without notice to Member. Company will not be liable to Member or any third party should Company exercise such right. Member acknowledges that Company has no control over the conduct of any Third Party Provider, governmental authority or other third parties for the accuracy of their notifications. Company shall not be liable for the accuracy or delivery time or content of notifications. To the fullest extent permitted by law, Company shall have no liability whatsoever for third parties who are not Members.

4. If Company or any of its Related Parties are found liable for any loss or damage due to its or their negligence, the failure to perform its or their obligations under these Terms in any respect at all, breach of warranty, or product failure, the maximum liability (including joint and several liability) will be $2500.00 US. This amount is the agreed upon damages, is not a penalty and shall be the Member’s exclusive remedy. This limitation of liability specifically covers liability for: (1) lost profits; (2) lost, injured or damaged pet or property; (3) governmental fines and charges; (4) claims of third parties; and (5) any and all types of damages including; direct, indirect, special, incidental, consequential and punitive.

5. Member acknowledges and agrees that Company shall not be responsible or liable regarding any in-person services or activities.

A. In no event shall either Party be liable concerning the subject matter of these Terms for any (a) matter beyond its reasonable control (including without limitation any error or damage attributable to any network, system, acts of God or acts of governments), (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services, or (c)indirect, punitive, incidental, reliance, special, exemplary or consequential damages of any kind including, but not limited to, loss of business, revenues, profits or goodwill.

The limitations and exclusions set forth in the preceding paragraph shall apply regardless of the form of any claim or actions (whether in contract, tort, strict liability or otherwise), even if the party against whom damages are sought has been advised of the possibility of such damages. These limitations are independent from all other provisions of these Terms and shall apply notwithstanding the failure of any remedy provided herein. Notwithstanding anything to the contrary, nothing in this section shall limit a party’s liability for damages arising from personal bodily injury (including death), willful misconduct or fraud, any breaches of “restrictions on use; prohibited uses” or “fees,” or any exclusion or limitation of liability that is void, prohibited or unenforceable by applicable law.

Member must bring any claim arising out of these Terms or related to the Products or Services (including the Services) provided by Company within one (1) year after the date on which the claim arose or the shortest duration permitted under applicable law if such period is greater than one (1) year. If Member does not, Member waives, to the extent permitted by law, all rights Member may have with respect to such claim and Company shall not have any liability to Member relative to that claim.

A. If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

B. These Terms are governed by and will be construed under the laws of the State of Texas, without regard to the conflicts of law’s provisions thereof. Any and all disputes, claims, or controversies arising out of or relating to these Terms between Member and Company shall be finally determined by arbitration administered by JAMS: (1) pursuant to the JAMS Streamlined Arbitration Rules and Procedures then in effect; (2) in the United States in the Member’s state of residence; (3) at Company’s expense to the extent required by law and JAMS policies; (4) in which the language of arbitration is English; (5) pursuant to the Federal Arbitration Act; (6) by one arbitrator who shall: (a) be selected from the appropriate list of JAMS arbitrators in accordance with such Rules; (b) have sole authority to decide any question concerning the scope, applicability, enforceability, revocability, and/or validity of this arbitration agreement; and (c) be barred from presiding over any class, collective, or representative action, consolidating multiple claimants’ cases or awarding any non-individualized relief (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Any arbitration will take place on an individual basis. Class arbitrations, class actions, representative actions, any other form of collective action or consolidated proceedings are not permitted. MEMBER UNDERSTANDS AND AGREES THAT BY ENTERING INTO THESE TERMS, MEMBER AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the above Class-Action Waiver is found to be unenforceable or invalid, any class or representative claims would proceed exclusively in state or federal courts located in San Antonio, Texas, as provided herein. Under no circumstances shall any class or representative claims proceed in arbitration. To the extent the Class Action Waiver is valid, claims subject to the Class Action Waiver shall go forward in individual arbitration (as described above) and any such claims shall be stayed pending resolution of the individual arbitration.

C. For European Union (EU) Users: If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

D. United States Legal Compliance: You represent and warrant that (i) you are not from a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

E. Severability and Waiver

1. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

2. Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

F. Translation Interpretation: These Terms may have been translated if we have made them available to you through the Service. You agree that the original English text shall prevail in the case of a dispute.

G. These Terms shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Bexar County, Texas or the United States District Court for the Western District of Texas, for any actions not subject to the arbitration or waiver provisions of this Section 11.