We’re All About the Service.

Terms Of Service Agreement

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BY ACCESSING OR USING OUR SITES AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. 

THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 04/04/2025.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Performance Plus Quick Oil Change Centers Inc., located at 2225 28th St SW, Wyoming, MI 49519, which includes https://performanceplusoil.com (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF SERVICES

The Site is an e-commerce website which has the following description:

Any and all visitors to our website shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.

The user acknowledges and agrees that the Services provided made available through our website and applications, which may include some mobile applications, and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Performance Plus Quick Oil Change Centers Inc. 

At its discretion, Performance Plus Quick Oil Change Centers Inc. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services, and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Performance Plus Quick Oil Change Centers Inc. does hereby reserve the right to cancel and cease offering any aforementioned Services and/or products.

You, as the end user, acknowledge, and accept and agree that Performance Plus Quick Oil Change Centers Inc. shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, or revised terms, you must stop using the provided Services.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Performance Plus Quick Oil Change Centers Inc. shall not assume any responsibility or obligation for the timelines, missed delivery, deletion, and/or any failure to store user content, communication or personalized settings.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by Performance Plus Quick Oil Change Centers Inc. Online Privacy Policy (see the full Privacy Policy at (https:/performanceplusoil.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Performance Plus Quick Oil Change Centers Inc.

INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using https://performanceplusoil.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Performance Plus Quick Oil Change Centers Inc. shall not lay ownership of any content submitted by any visitor or user, or make such content available for inclusion in our website Services. Therefore, you hereby grant and allow for Performance Plus Quick Oil Change Centers Inc. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

1. a)  The content submitted or made available for inclusion on the publicly accessible areas of Performance Plus Quick Oil Change Centers Inc.’s sites, the license provided to permit use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Performance Plus Quick Oil Change Centers Inc.’s sites, and shall terminate at such time when you elect to discontinue your membership.

1. b)  Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Performance Plus Quick Oil Change Centers Inc.’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which the Content was placed and/or made available for viewing. This license shall be available so long as you are a member of Performance Plus Quick Oil Change Centers Inc.’s sites and shall terminate at such a time when you elect to discontinue your membership.

1. c)  For any other content submitted or made available for inclusion on the publicly accessible areas of Performance Plus Quick Oil Change Centers Inc.’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Performance Plus Quick Oil Change Centers Inc.’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to visitors.

CONTRIBUTIONS TO COMPANY WEBSITE

Performance Plus Quick Oil Change Centers Inc. provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions, comments and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

1. a)  your Contributions do not contain any type of confidential or proprietary information;

1. b)    Performance Plus Quick Oil Change Centers Inc. shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions.

1. c)     Performance Plus Quick Oil Change Centers Inc. shall be entitled to make use of and/or disclose any such Contributions in any such manner as they see fit;

1. d) the contributor’s Contributions shall automatically become the sole property of Performance Plus Quick Oil Change Centers Inc.; and

1. e)    Performance Plus Quick Oil Change Centers Inc. is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users herein agree to insure and hold Performance Plus Quick Oil Change Centers Inc., blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Performance Plus Quick Oil Change Centers Inc. Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The user herein agrees not to replicate duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Performance Plus Quick Oil Change Centers Inc.’s sites.

MODIFICATIONS

Performance Plus Quick Oil Change Centers Inc. shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or any third party for any such alternation, modification, suspension and/or discontinuance of our Services, or any part thereof.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Performance Plus Quick Oil Change Centers Inc. shall not be held responsible or liable for any loss or damage or any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Performance Plus Quick Oil Change Centers Inc.’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or authorized by Performance Plus Quick Oil Change Centers Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Performance Plus Quick Oil Change Centers Inc. Services (e.g. Content or Software), in whole or part.

Performance Plus Quick Oil Change Centers Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Performance Plus Quick Oil Change Centers Inc. for use in accessing our services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. a)  THE USE OF Performance Plus Quick Oil Change Centers Inc. SERVICES AND WEBSITE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. Performance Plus Quick Oil Change Centers Inc. DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

1. b)    Performance Plus Quick Oil Change Centers Inc. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) Performance Plus Quick Oil Change Centers Inc. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THESE SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF Performance Plus Quick Oil Change Centers Inc. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

1. c)  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF Performance Plus Quick Oil Change Centers Inc. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

1. d) NO ADVISE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM Performance Plus Quick Oil Change Centers Inc. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

1. e)  A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OR ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Performance Plus Quick Oil Change Centers Inc. SHALL NOT BE LIABLE TO YOUR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR AND RESULT FROM:

1. a)  THE USE OR INABILITY TO USE OUR SERVICE;
2. b)  THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
3. c)  UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
4. d)  AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services, concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Performance Plus Quick Oil Change Centers Inc.’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSIONS AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

NOTICE

Performance Plus Quick Oil Change Centers Inc. may furnish you with notices, including those with regards to any changes to the TOS, including, but not limited to, email, postage mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of Performance Plus Quick Oil Change Centers Inc. trademarks, copyright, trade name, service marks and other Performance Plus Quick Oil Change Centers Inc. logos and any brand features, and/or product and service names are trademarks and as such are, and shall remain, the property of Performance Plus Quick Oil Change Centers Inc.. You herein agree not to display and/or use in any manner the Performance Plus Quick Oil Change Centers Inc. logo or marks.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Performance Plus Quick Oil Change Centers Inc. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Performance Plus Quick Oil Change Centers Inc. may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

1. a)  The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. b)  A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. c)  A description of the location of the site which you allege has been infringing upon your work;
4. d) The physical address, telephone number and email address;
5. e)  A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6. f)   And finally, a statement, made under the penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

Performance Plus Quick Oil Change Centers Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Performance Plus Quick Oil Change Centers Inc.
Attn: Copyright Agent
2225 28th St SW,
Wyoming, MI 49519

Telephone: (616) 530-9610

Email: office@performanceplusoil.com

CLOSED CAPTIONING

BE IT KNOWN, that Performance Plus Quick Oil Change Centers Inc. complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at  office@operformanceplusoil.com.

General Information

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Performance Plus Quick Oil Change Centers Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Performance Plus Quick Oil Change Centers Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Performance Plus Quick Oil Change Centers Inc. services or third-party content or third-party software.

CHOICE OF LAW AND FORU

It is at the mutual agreement of both you and Performance Plus Quick Oil Change Centers Inc. with regards to the TOS that the relationship between the parties shall be governed by the laws of the state of Michigan without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Performance Plus Quick Oil Change Centers Inc., shall be filed within the courts having jurisdiction within the County of Kent, Michigan, or the U.S. District Court located in said state. You and Performance Plus Quick Oil Change Centers Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Performance Plus Quick Oil Change Centers Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the TOS must be filed within 2 years after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to Performance Plus Quick Oil Change Centers Inc. as follows:

Mailing Address:

Performance Plus Quick Oil Change Centers Inc.
Attn: Copyright Agent
2225 28th St SW,
Wyoming, MI 49519

Telephone: (616) 530-9610

Email: office@performanceplusoil.com

CONTACT US

performanceplusoil.com

2225 28th St SW,
Wyoming, MI 49519

(616) 530-9610

Mobile Terms and Conditions

PHONE NUMBER: (616) 816-1691
PROGRAM NAME: Performance Plus Quick Oil Change Centers Inc.
FREQUENCY OF ALERTS: As Requested
PRICING: Msg & Data rates may apply

Mobile Terms and Conditions & Privacy Policy

USER OPT-IN:

Users may opt-in to receive mobile alerts by texting JOIN to (616) 816-1691 to opt-in.

By signing up you agree to receive marketing text messages. We do not use an automatic telephone dialing system to generate, store, or deliver our text messages. Consent is not required to purchase goods or services.

USER OPT-OUT:

To Opt-Out (discontinue service), text “STOP” to “(616) 816-1691” from your mobile device. You will not receive any additional messages.

You may also Opt-out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to any text message you receive or to (616) 816-1691.

HELP:

To get help, text “HELP” to “(616) 816-1691”,

or email office@performanceplusoil.com,

or call (616) 530-9610

USER FEES:

This is a standard rated, non-premium service.

Msg&Data rates may apply.

CARRIERS SUPPORTED (U.S. only):

AT&T, Sprint, T-Mobile®, Verizon Wireless, Virgin Mobile USA, U.S. Cellular®, Metro PCS, ACS Wireless, All West Wireless, Bluegrass, Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Bell, Cricket Communications, Cellular One of East Central Illinois, Appalachian Wireless, Farmer’s Mutual Telephone Company, General Communications, Golden State Cellular, PC Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (Gold Star), Snake River PCS, South Central, Syringa, Thumb Cellular, UBET Wireless, Unicel, United Wireless, and West Central Wireless.

*Carriers are not liable for delayed or undelivered messages.

WARRANTY:

We will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.

PRIVACY POLICY:

We respect your privacy. We will only use information you provide to transmit your text message. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.

DISPUTE RESOLUTION:

In the event that there is a dispute, claim or controversy between you and Us, or between you and any third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Michigan before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the State of Michigan, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).

To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

MISCELLANEOUS:

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.