1848 Ventures, LLC
Thank you for your interest in 1848 Ventures, LLC (the “Company”, “we”, “us”). These Terms of
Use (“Terms”) apply to certain websites we own, license or otherwise operate whether directly or
via an affiliate of the Company (each a “Website”) and that link to these Terms. By using a
Website, you are entering into a legally binding agreement, and you hereby agree to these Terms
as well as any other terms, guidelines or rules that apply to any sub-section or portion of the
Website (“Supplemental Terms”). In the event of a conflict between these Terms and any
Supplemental Terms, the terms and conditions set forth in the Supplemental Terms shall
supersede and control with respect to such conflict. If you do not agree to these Terms and any
applicable Supplemental Terms, then you cannot use or access our Websites. For purposes of
these Terms, the Company and you may each be referred to as a “party” or collectively as the
“parties.”
PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR RIGHTS AND
LIABILITIES, AND THEY SPECIFICALLY ALLOW FOR THE COMPANY TO ENGAGE IN
ARBITRATION TO SETTLE DISPUTES AND ADDRESS CIRCUMSTANCES IN WHICH YOU
WAIVE YOUR RIGHT TO A JURY TRIAL.
By using this Website, you represent and warrant to the Company that you are at least eighteen
(18) years old, are legally authorized to enter into these Terms, and will at any and all times
comply with these Terms.
Privacy Policy
Your use of our Website is subject to our Privacy Policy (“Privacy Policy”) and any Cookie Policy
that is located on the Website. Our Privacy Policy describes how we process personal information,
including the types of personal information that we collect, the purposes for which we use it, the
types of third parties with whom we share it, and any rights you may have with respect to such
personal information. The Privacy Policy also sets forth the types and categories of personal
information you are permitted to provide the Company, and your responsibilities and obligations
with respect to such personal information. Please review our Privacy Policy carefully. For the
avoidance of doubt, any claims, suits, or complaints related to the Privacy Policy shall be settled
or otherwise addressed in accordance with the dispute resolution terms, and subject to the
limitations of liability, set forth herein, in addition to all other terms and conditions herein. The
Company is based in the United States, and the personal information that we collect and process
is retained and stored in the United States. You may only access and use our Websites if you are
located in the United States of America.Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide
on the Website, in our sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Website, or the entire Website. You are responsible for making
all arrangements necessary for you to have access to the Website, and ensuring that all persons
who access the Website through your internet connection are aware of these Terms and comply
with them.
To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. If you choose, or are
provided with, a username, password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not disclose it to any
other person or entity. You also acknowledge that your account is personal to you and agree not
to provide any other person with access to this Website or portions of it using your username,
password, or other security information. You agree to notify us immediately of any unauthorized
access to or use of your username or password or any other breach of security. You also agree
to ensure that you exit from your account at the end of each session. We have the right to disable
any username, password, or other identifier, whether chosen by you or provided by us, at any
time in our sole discretion for any or no reason, including if, in our opinion, you have violated any
provision of these Terms.Use of the Services
Services may be made available to you through the Website. Your rights to access and use such
services may be subject to a separate services agreement governing your use of the services
and to any terms and conditions of any applicable third-party agreements identified in the software
or on the web page providing access to the services. Such agreements shall be considered
“Supplemental Terms”. You may not use the services unless you agree to be bound by all terms
and conditions of the services agreement and/or software license, as applicable. If there is a
conflict between these Terms and the terms and conditions of any services agreement, the
services agreement will prevail.Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by the Company, its licensors, or other providers of such material
and are protected by United States and international copyright, trademark, patent, trade secret,
and other intellectual property or proprietary rights laws. These Terms permit you to use the
Website for your personal, non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform, republish, download, store, or
transmit any of the material on our Website, except as follows: (i) your computer may temporarily
store copies of such materials in RAM incidental to your accessing and viewing those materials,
(ii) you may store files that are automatically cached by your web browser for display
enhancement purposes, (iii) you may print or download one copy of a reasonable number of
pages of the Website for your own personal, non-commercial use and not for further reproduction,
publication, or distribution, (iv) if we provide desktop, mobile, or other applications for download,
you may download a single copy to your computer or mobile device solely for your own personal,
non-commercial use, provided you agree to be bound by our end-user license agreement for such
applications, and (v) if we provide social media features with certain content, you may take such
actions as are enabled by such features.
You hereby acknowledge and agree that you will not (i) modify copies of any materials from our
Website, (ii) use any illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text, (iii) delete or alter any copyright, trademark, or other
proprietary rights notices from copies of materials from this Website, and (iv) access or use for
any commercial purposes any part of the Website or any services or materials available through
the Website. If you print, copy, modify, download, or otherwise use or provide any other person
with access to any part of the Website in breach of the Terms, your right to use the Website will
stop immediately and you must, at our option, return or destroy any copies of the materials you
have made. No right, title, or interest in or to the Website or any content on the Website is
transferred to you, and all rights not expressly granted are reserved by the Company. Any use of
the Website not expressly permitted by these Terms is a breach of these Terms and may violate
copyright, trademark, and other laws.Trademarks
The Company name, logo, and all related names, logos, product and service names, designs,
and slogans are trademarks of the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the Company. All other names, logos, product and
service names, designs, and slogans on this Website are the trademarks of their respective
owners.Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You
agree not to use the Website: (i) in any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any laws regarding the export of data
or software to and from the United States or other countries), (ii) for the purpose of exploiting,
harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate
content or asking them for personally identifiable information, (iii) to send, knowingly receive,
upload, download, use, or re-use any material that does not comply with the Content Standards
set out in these Terms, (iv) to transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (v) to
impersonate or attempt to impersonate the Company, any Company employee, another user of
the Website, or any other person or entity (including, without limitation, by using email addresses
or screen names associated with any of the foregoing), and (vi) to engage in any other conduct
that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us,
may harm the Company or users of the Website, or expose them to liability. Additionally, you
agree not to: (vii) use the Website in any manner that could disable, overburden, damage, or
impair the Website or interfere with any other party’s use of the Website, including their ability to
engage in real-time activities through the Website, (viii) use any robot, spider, or other automatic
device, process, or means to access the Website for any purpose, including monitoring or copying
any of the material on the Website, (ix) use any manual process to monitor or copy any of the
material on the Website, or for any other purpose not expressly authorized in these Terms, without
our prior written consent, (x) use any device, software, or routine that interferes with the proper
working of the Website, (xi) introduce any viruses, Trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful, (xii) attempt to gain unauthorized access to,
interfere with, damage, or disrupt any parts of the Website, the server on which the Website is
stored, or any server, computer, or database connected to the Website, (xiii) attack the Website
via a denial-of-service attack or a distributed denial-of-service attack, and (xiv) otherwise attempt
to interfere with the proper working of the Website.User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums,
bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow
users to post, submit, publish, display, or transmit to other users or other persons (hereinafter,
“post”) content or materials (collectively, “User Contributions”) on or through the Website. All
User Contributions must comply with the Content Standards set out in these Terms. Any User
Contribution you post will be considered non-confidential and non-proprietary. By posting any
User Contribution on the Website, you grant us and our affiliates and service providers, and each
of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify,
perform, display, distribute, and otherwise disclose to third parties any such material for any
purpose whatsoever. You represent and warrant that you own or control all rights in and to the
User Contributions and have the right to grant the license granted above to us and our affiliates
and service providers, and each of their and our respective licensees, successors, and assigns,
and all of your User Contributions do and will comply with these Terms. You understand and
acknowledge that you are responsible for any User Contributions you submit or contribute, and
you, not the Company, have full responsibility for such content, including its legality, reliability,
accuracy, and appropriateness. We are not responsible or liable to any third party for the content
or accuracy of any User Contributions posted by you or any other user of the Website.Monitoring and Enforcement
We have the right to remove or refuse to post any User Contributions for any or no reason in our
sole discretion, and to take any action with respect to any User Contribution that we deem
necessary or appropriate in our sole discretion, including if we believe that such User Contribution
violates the Terms, including the Content Standards, infringes any intellectual property right or
other right of any person or entity, threatens the personal safety of users of the Website or the
public, or could create liability for the Company. You acknowledge and agree that we have the
right to disclose your identity or other information about you to any third party who claims that
material posted by you violates their rights, including their intellectual property rights or their right
to privacy, and take appropriate legal action, including, without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website. We have the absolute right to
terminate or suspend your access to all or part of the Website for any or no reason whatsoever,
including without limitation, any violation of these Terms. Without limiting the foregoing, we have
the right to cooperate fully with any law enforcement authorities or court order requesting or
directing us to disclose the identity or other information of anyone posting any materials on or
through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS
AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES
DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE
COMPANY AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we
cannot, and do not undertake to, review material before it is posted on the Website, and we cannot
ensure prompt removal of objectionable material after it has been posted. Accordingly, we
assume no liability for any action or inaction regarding transmissions, communications, or content
provided by any user or third party. We have no liability or responsibility to anyone for performance
or nonperformance of the activities described in this section.Content Standards
This section constitutes the “Content Standards” that apply to any and all User Contributions
and use of Interactive Services. User Contributions must in their entirety comply with all applicable
federal, state, local, and international laws and regulations. Without limiting the foregoing, User
Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote
sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age, (iii) infringe any patent, trademark, trade secret,
copyright, or other intellectual property or other rights of any other person, (iv) violate the legal
rights (including the rights of publicity and privacy) of others or contain any material that could
give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may
be in conflict with these Terms and our Privacy Policy, (v) be likely to deceive any person, (vi)
promote any illegal activity, or advocate, promote, or assist any unlawful act, (vii) cause
annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy
any other person, (viii) impersonate any person, or misrepresent your identity or affiliation with
any person or organization, (ix) involve commercial activities or sales, such as contests,
sweepstakes, and other sales promotions, barter, or advertising, or (x) give the impression that
they emanate from or are endorsed by us or any other person or entity, if this is not the case.Reliance on Information Posted
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE
SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE
YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM
ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH
MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO
MAY BE INFORMED OF ANY OF ITS CONTENTS. This Website may include content provided
by third parties, including materials provided by other users, bloggers, and third-party licensors,
syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in
these materials, and all articles and responses to questions and other content, other than the
content provided by the Company, are solely the opinions and the responsibility of the person or
entity providing those materials. These materials do not necessarily reflect the opinion of the
Company. We are not responsible, or liable to you or any third party, for the content or accuracy
of any materials provided by any third parties. We may update the content on this Website from
time to time, but its content is not necessarily complete or up-to-date. Any of the material on the
Website may be out of date at any given time, and we are under no obligation to update such
material.Linking to the Website and Social Media Features
You may link to our Website homepage, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not establish a link in such
a way as to suggest any form of association, approval, or endorsement on our part without our
express written consent. This Website may provide certain social media features that enable you
to: (i) link from your own or certain third-party websites to certain content on this Website, (ii) send
emails or other communications with certain content, or links to certain content, on this Website,
and (iii) cause limited portions of content on this Website to be displayed or appear to be displayed
on your own or certain third-party websites. You may use these features solely as they are
provided by us and solely with respect to the content they are displayed with, and otherwise in
accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not do any of the following: establish a link from any website
that is not owned by you to the Website; cause the Website or portions of it to be displayed on,
or appear to be displayed by, any other website; link to any part of the Website other than the
homepage; or otherwise take any action with respect to the materials on this Website that is
inconsistent with any other provision of these Terms. The website from which you are linking, or
on which you make certain content accessible, must comply in all respects with the Content
Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized
framing or linking immediately to stop. We reserve the right to withdraw linking permission without
notice. We may disable all or any social media features and any links at any time without notice
in our discretion.Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the contents of those sites
or resources, and accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third-party websites linked to this Website,
you do so entirely at your own risk and subject to the terms and conditions of use for such
websites.Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Website will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output, and for maintaining
a means external to our Website for any reconstruction of any lost data. TO THE FULLEST
EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE, AND YOU WILL NOT SEEK TO
HOLD US LIABLE, FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OFSERVICE
ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT
MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES,
INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY
SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON
ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE
COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR
WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO
THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS
BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF
OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF
DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN THE EVENT THE FOREGOING
LIMITATION OF LIABILITY IS LEGALLY PROHIBITED, THEN TO THE FULLEST EXTENT
PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY
AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED
$100.00.Indemnification; Governing Law
You agree to fully and completely defend, indemnify, and hold harmless the Company, its
affiliates, licensors, and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors, and assigns from and against
any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use
of the Website, including, but not limited to, your User Contributions, any use of the Website’s
content, services, and products other than as expressly authorized in these Terms, or your use
of any information obtained from the Website.
These Terms (including the Privacy Policy) shall be governed in all respects by and construed in
accordance with the laws of the State of Ohio, without regard to its conflicts of law principles.Waiver of Class Action; Arbitration Agreement
YOU AGREE THAT BY ENTERING INTO THESE TERMS OF USE, IN PARTICULAR THE
AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST THE
COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY
ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
THE COMPANY AND YOU MUTUALLY AGREE THAT ANY DISPUTES ARISING FROM YOUR
USE OF THE WEBSITE OR ANY CONTENT OR MATERIALS THEREON, OR THESE TERMS
(INCLUDING OUR PRIVACY POLICY), INCLUDING DISPUTES ARISING FROM OR
CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE,
OR TERMINATION, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION
UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION
(“AAA”) APPLYING OHIO LAW, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES.
Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must
jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has
knowledge of and experience with the subject matter of the dispute. If the parties do not agree on
an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator,
who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall
decide the enforceability and interpretation of this arbitration agreement in accordance with the
Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency
Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The
decision of the arbitrator shall be final and binding, and no party shall have rights of appeal, except
for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for
the arbitrator and the administration of the arbitration. The parties agree that the arbitrator shall
not have the authority to award attorneys’ fees, unless otherwise expressly authorized by statute
or contract. The arbitrator shall have no authority to award punitive damages, and each party
hereby waives any right to seek or recover punitive damages with respect to any dispute resolved
by arbitration. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS,
AND THESE TERMS OF USE DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS
BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ARBITRATION PROCEEDING. For the avoidance of doubt, this section shall be construed as a
written agreement to arbitrate a dispute of any kind between you and the Company that may arise
through the use of this Website, and you hereby agree with us that this paragraph satisfies any
writing or consent requirement of the FAA. Any and all arbitration proceedings and hearings shall
be conducted in Cleveland, Ohio. Except as required by law, neither a party nor the arbitrator may
disclose the existence, content, or results of any arbitration without the prior written consent of
both parties, unless to protect or pursue a legal right. If for any reason a dispute proceeds in a
federal or state court rather than in arbitration, the parties hereby waive any right to a jury trial.Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition,
and any failure of the Company to assert a right or provision under these Terms shall not
constitute a waiver of such right or provision. If any provision of these Terms is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the remaining provisions
of the Terms will continue in full force and effect.Entire Agreement
The Terms, the Supplemental Terms (if any), and our Privacy Policy constitute the sole and entire
agreement between you and the Company regarding the Website and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties, both written
and oral, regarding the Website.Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by the Company without restriction.Changes to the Terms
From time to time, the Company may revise these Terms. When changes are made, the Company
will make a new copy of the Terms available at the Website, and will also update the “Last
Updated” date above. If the Company makes any material changes, and you have registered to
create an account with the Company, the Company will also send an email to you at the last email
address you provided to us pursuant to the Terms. Any changes to the Terms will be effective
immediately for new users of the Website and will be effective thirty (30) days after posting notice
of such changes on the Website for existing users. Your use of the Website following the posting
of any revised Terms shall be deemed acceptance of the revised policy. The Company strongly
recommends checking Terms periodically. If you disagree with the provisions of these Terms at
any time, your sole remedy is to terminate your use of the Website. Continued use of the Website
constitutes your agreement to these Terms as in effect.Contact Us
If you have questions regarding these Terms, please contact us at Legal@1848ventures.com.
1848 Ventures, LLC
Thank you for your interest in 1848 Ventures, LLC (the “Company”, “we”, “us”). These Terms of
Use (“Terms”) apply to certain websites we own, license or otherwise operate whether directly or
via an affiliate of the Company (each a “Website”) and that link to these Terms. By using a
Website, you are entering into a legally binding agreement, and you hereby agree to these Terms
as well as any other terms, guidelines or rules that apply to any sub-section or portion of the
Website (“Supplemental Terms”). In the event of a conflict between these Terms and any
Supplemental Terms, the terms and conditions set forth in the Supplemental Terms shall
supersede and control with respect to such conflict. If you do not agree to these Terms and any
applicable Supplemental Terms, then you cannot use or access our Websites. For purposes of
these Terms, the Company and you may each be referred to as a “party” or collectively as the
“parties.”
PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR RIGHTS AND
LIABILITIES, AND THEY SPECIFICALLY ALLOW FOR THE COMPANY TO ENGAGE IN
ARBITRATION TO SETTLE DISPUTES AND ADDRESS CIRCUMSTANCES IN WHICH YOU
WAIVE YOUR RIGHT TO A JURY TRIAL.
By using this Website, you represent and warrant to the Company that you are at least eighteen
(18) years old, are legally authorized to enter into these Terms, and will at any and all times
comply with these Terms.
Privacy Policy
Your use of our Website is subject to our Privacy Policy (“Privacy Policy”) and any Cookie Policy
that is located on the Website. Our Privacy Policy describes how we process personal information,
including the types of personal information that we collect, the purposes for which we use it, the
types of third parties with whom we share it, and any rights you may have with respect to such
personal information. The Privacy Policy also sets forth the types and categories of personal
information you are permitted to provide the Company, and your responsibilities and obligations
with respect to such personal information. Please review our Privacy Policy carefully. For the
avoidance of doubt, any claims, suits, or complaints related to the Privacy Policy shall be settled
or otherwise addressed in accordance with the dispute resolution terms, and subject to the
limitations of liability, set forth herein, in addition to all other terms and conditions herein. The
Company is based in the United States, and the personal information that we collect and process
is retained and stored in the United States. You may only access and use our Websites if you are
located in the United States of America.Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide
on the Website, in our sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Website, or the entire Website. You are responsible for making
all arrangements necessary for you to have access to the Website, and ensuring that all persons
who access the Website through your internet connection are aware of these Terms and comply
with them.
To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. If you choose, or are
provided with, a username, password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not disclose it to any
other person or entity. You also acknowledge that your account is personal to you and agree not
to provide any other person with access to this Website or portions of it using your username,
password, or other security information. You agree to notify us immediately of any unauthorized
access to or use of your username or password or any other breach of security. You also agree
to ensure that you exit from your account at the end of each session. We have the right to disable
any username, password, or other identifier, whether chosen by you or provided by us, at any
time in our sole discretion for any or no reason, including if, in our opinion, you have violated any
provision of these Terms.Use of the Services
Services may be made available to you through the Website. Your rights to access and use such
services may be subject to a separate services agreement governing your use of the services
and to any terms and conditions of any applicable third-party agreements identified in the software
or on the web page providing access to the services. Such agreements shall be considered
“Supplemental Terms”. You may not use the services unless you agree to be bound by all terms
and conditions of the services agreement and/or software license, as applicable. If there is a
conflict between these Terms and the terms and conditions of any services agreement, the
services agreement will prevail.Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by the Company, its licensors, or other providers of such material
and are protected by United States and international copyright, trademark, patent, trade secret,
and other intellectual property or proprietary rights laws. These Terms permit you to use the
Website for your personal, non-commercial use only. You must not reproduce, distribute, modify,
create derivative works of, publicly display, publicly perform, republish, download, store, or
transmit any of the material on our Website, except as follows: (i) your computer may temporarily
store copies of such materials in RAM incidental to your accessing and viewing those materials,
(ii) you may store files that are automatically cached by your web browser for display
enhancement purposes, (iii) you may print or download one copy of a reasonable number of
pages of the Website for your own personal, non-commercial use and not for further reproduction,
publication, or distribution, (iv) if we provide desktop, mobile, or other applications for download,
you may download a single copy to your computer or mobile device solely for your own personal,
non-commercial use, provided you agree to be bound by our end-user license agreement for such
applications, and (v) if we provide social media features with certain content, you may take such
actions as are enabled by such features.
You hereby acknowledge and agree that you will not (i) modify copies of any materials from our
Website, (ii) use any illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text, (iii) delete or alter any copyright, trademark, or other
proprietary rights notices from copies of materials from this Website, and (iv) access or use for
any commercial purposes any part of the Website or any services or materials available through
the Website. If you print, copy, modify, download, or otherwise use or provide any other person
with access to any part of the Website in breach of the Terms, your right to use the Website will
stop immediately and you must, at our option, return or destroy any copies of the materials you
have made. No right, title, or interest in or to the Website or any content on the Website is
transferred to you, and all rights not expressly granted are reserved by the Company. Any use of
the Website not expressly permitted by these Terms is a breach of these Terms and may violate
copyright, trademark, and other laws.Trademarks
The Company name, logo, and all related names, logos, product and service names, designs,
and slogans are trademarks of the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the Company. All other names, logos, product and
service names, designs, and slogans on this Website are the trademarks of their respective
owners.Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You
agree not to use the Website: (i) in any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any laws regarding the export of data
or software to and from the United States or other countries), (ii) for the purpose of exploiting,
harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate
content or asking them for personally identifiable information, (iii) to send, knowingly receive,
upload, download, use, or re-use any material that does not comply with the Content Standards
set out in these Terms, (iv) to transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (v) to
impersonate or attempt to impersonate the Company, any Company employee, another user of
the Website, or any other person or entity (including, without limitation, by using email addresses
or screen names associated with any of the foregoing), and (vi) to engage in any other conduct
that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us,
may harm the Company or users of the Website, or expose them to liability. Additionally, you
agree not to: (vii) use the Website in any manner that could disable, overburden, damage, or
impair the Website or interfere with any other party’s use of the Website, including their ability to
engage in real-time activities through the Website, (viii) use any robot, spider, or other automatic
device, process, or means to access the Website for any purpose, including monitoring or copying
any of the material on the Website, (ix) use any manual process to monitor or copy any of the
material on the Website, or for any other purpose not expressly authorized in these Terms, without
our prior written consent, (x) use any device, software, or routine that interferes with the proper
working of the Website, (xi) introduce any viruses, Trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful, (xii) attempt to gain unauthorized access to,
interfere with, damage, or disrupt any parts of the Website, the server on which the Website is
stored, or any server, computer, or database connected to the Website, (xiii) attack the Website
via a denial-of-service attack or a distributed denial-of-service attack, and (xiv) otherwise attempt
to interfere with the proper working of the Website.User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums,
bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow
users to post, submit, publish, display, or transmit to other users or other persons (hereinafter,
“post”) content or materials (collectively, “User Contributions”) on or through the Website. All
User Contributions must comply with the Content Standards set out in these Terms. Any User
Contribution you post will be considered non-confidential and non-proprietary. By posting any
User Contribution on the Website, you grant us and our affiliates and service providers, and each
of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify,
perform, display, distribute, and otherwise disclose to third parties any such material for any
purpose whatsoever. You represent and warrant that you own or control all rights in and to the
User Contributions and have the right to grant the license granted above to us and our affiliates
and service providers, and each of their and our respective licensees, successors, and assigns,
and all of your User Contributions do and will comply with these Terms. You understand and
acknowledge that you are responsible for any User Contributions you submit or contribute, and
you, not the Company, have full responsibility for such content, including its legality, reliability,
accuracy, and appropriateness. We are not responsible or liable to any third party for the content
or accuracy of any User Contributions posted by you or any other user of the Website.Monitoring and Enforcement
We have the right to remove or refuse to post any User Contributions for any or no reason in our
sole discretion, and to take any action with respect to any User Contribution that we deem
necessary or appropriate in our sole discretion, including if we believe that such User Contribution
violates the Terms, including the Content Standards, infringes any intellectual property right or
other right of any person or entity, threatens the personal safety of users of the Website or the
public, or could create liability for the Company. You acknowledge and agree that we have the
right to disclose your identity or other information about you to any third party who claims that
material posted by you violates their rights, including their intellectual property rights or their right
to privacy, and take appropriate legal action, including, without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website. We have the absolute right to
terminate or suspend your access to all or part of the Website for any or no reason whatsoever,
including without limitation, any violation of these Terms. Without limiting the foregoing, we have
the right to cooperate fully with any law enforcement authorities or court order requesting or
directing us to disclose the identity or other information of anyone posting any materials on or
through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS
AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES
DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE
COMPANY AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we
cannot, and do not undertake to, review material before it is posted on the Website, and we cannot
ensure prompt removal of objectionable material after it has been posted. Accordingly, we
assume no liability for any action or inaction regarding transmissions, communications, or content
provided by any user or third party. We have no liability or responsibility to anyone for performance
or nonperformance of the activities described in this section.Content Standards
This section constitutes the “Content Standards” that apply to any and all User Contributions
and use of Interactive Services. User Contributions must in their entirety comply with all applicable
federal, state, local, and international laws and regulations. Without limiting the foregoing, User
Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote
sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age, (iii) infringe any patent, trademark, trade secret,
copyright, or other intellectual property or other rights of any other person, (iv) violate the legal
rights (including the rights of publicity and privacy) of others or contain any material that could
give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may
be in conflict with these Terms and our Privacy Policy, (v) be likely to deceive any person, (vi)
promote any illegal activity, or advocate, promote, or assist any unlawful act, (vii) cause
annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy
any other person, (viii) impersonate any person, or misrepresent your identity or affiliation with
any person or organization, (ix) involve commercial activities or sales, such as contests,
sweepstakes, and other sales promotions, barter, or advertising, or (x) give the impression that
they emanate from or are endorsed by us or any other person or entity, if this is not the case.Reliance on Information Posted
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE
SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE
YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM
ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH
MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO
MAY BE INFORMED OF ANY OF ITS CONTENTS. This Website may include content provided
by third parties, including materials provided by other users, bloggers, and third-party licensors,
syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in
these materials, and all articles and responses to questions and other content, other than the
content provided by the Company, are solely the opinions and the responsibility of the person or
entity providing those materials. These materials do not necessarily reflect the opinion of the
Company. We are not responsible, or liable to you or any third party, for the content or accuracy
of any materials provided by any third parties. We may update the content on this Website from
time to time, but its content is not necessarily complete or up-to-date. Any of the material on the
Website may be out of date at any given time, and we are under no obligation to update such
material.Linking to the Website and Social Media Features
You may link to our Website homepage, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not establish a link in such
a way as to suggest any form of association, approval, or endorsement on our part without our
express written consent. This Website may provide certain social media features that enable you
to: (i) link from your own or certain third-party websites to certain content on this Website, (ii) send
emails or other communications with certain content, or links to certain content, on this Website,
and (iii) cause limited portions of content on this Website to be displayed or appear to be displayed
on your own or certain third-party websites. You may use these features solely as they are
provided by us and solely with respect to the content they are displayed with, and otherwise in
accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not do any of the following: establish a link from any website
that is not owned by you to the Website; cause the Website or portions of it to be displayed on,
or appear to be displayed by, any other website; link to any part of the Website other than the
homepage; or otherwise take any action with respect to the materials on this Website that is
inconsistent with any other provision of these Terms. The website from which you are linking, or
on which you make certain content accessible, must comply in all respects with the Content
Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized
framing or linking immediately to stop. We reserve the right to withdraw linking permission without
notice. We may disable all or any social media features and any links at any time without notice
in our discretion.Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the contents of those sites
or resources, and accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third-party websites linked to this Website,
you do so entirely at your own risk and subject to the terms and conditions of use for such
websites.Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Website will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output, and for maintaining
a means external to our Website for any reconstruction of any lost data. TO THE FULLEST
EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE, AND YOU WILL NOT SEEK TO
HOLD US LIABLE, FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OFSERVICE
ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT
MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES,
INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY
SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON
ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE
COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR
WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO
THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS
BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF
OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF
DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF
CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN THE EVENT THE FOREGOING
LIMITATION OF LIABILITY IS LEGALLY PROHIBITED, THEN TO THE FULLEST EXTENT
PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY
AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED
$100.00.Indemnification; Governing Law
You agree to fully and completely defend, indemnify, and hold harmless the Company, its
affiliates, licensors, and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors, and assigns from and against
any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use
of the Website, including, but not limited to, your User Contributions, any use of the Website’s
content, services, and products other than as expressly authorized in these Terms, or your use
of any information obtained from the Website.
These Terms (including the Privacy Policy) shall be governed in all respects by and construed in
accordance with the laws of the State of Ohio, without regard to its conflicts of law principles.Waiver of Class Action; Arbitration Agreement
YOU AGREE THAT BY ENTERING INTO THESE TERMS OF USE, IN PARTICULAR THE
AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST THE
COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY
ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
THE COMPANY AND YOU MUTUALLY AGREE THAT ANY DISPUTES ARISING FROM YOUR
USE OF THE WEBSITE OR ANY CONTENT OR MATERIALS THEREON, OR THESE TERMS
(INCLUDING OUR PRIVACY POLICY), INCLUDING DISPUTES ARISING FROM OR
CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE,
OR TERMINATION, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION
UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION
(“AAA”) APPLYING OHIO LAW, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES.
Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must
jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has
knowledge of and experience with the subject matter of the dispute. If the parties do not agree on
an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator,
who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall
decide the enforceability and interpretation of this arbitration agreement in accordance with the
Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency
Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The
decision of the arbitrator shall be final and binding, and no party shall have rights of appeal, except
for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for
the arbitrator and the administration of the arbitration. The parties agree that the arbitrator shall
not have the authority to award attorneys’ fees, unless otherwise expressly authorized by statute
or contract. The arbitrator shall have no authority to award punitive damages, and each party
hereby waives any right to seek or recover punitive damages with respect to any dispute resolved
by arbitration. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS,
AND THESE TERMS OF USE DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS
BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ARBITRATION PROCEEDING. For the avoidance of doubt, this section shall be construed as a
written agreement to arbitrate a dispute of any kind between you and the Company that may arise
through the use of this Website, and you hereby agree with us that this paragraph satisfies any
writing or consent requirement of the FAA. Any and all arbitration proceedings and hearings shall
be conducted in Cleveland, Ohio. Except as required by law, neither a party nor the arbitrator may
disclose the existence, content, or results of any arbitration without the prior written consent of
both parties, unless to protect or pursue a legal right. If for any reason a dispute proceeds in a
federal or state court rather than in arbitration, the parties hereby waive any right to a jury trial.Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition,
and any failure of the Company to assert a right or provision under these Terms shall not
constitute a waiver of such right or provision. If any provision of these Terms is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the remaining provisions
of the Terms will continue in full force and effect.Entire Agreement
The Terms, the Supplemental Terms (if any), and our Privacy Policy constitute the sole and entire
agreement between you and the Company regarding the Website and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties, both written
and oral, regarding the Website.Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by the Company without restriction.Changes to the Terms
From time to time, the Company may revise these Terms. When changes are made, the Company
will make a new copy of the Terms available at the Website, and will also update the “Last
Updated” date above. If the Company makes any material changes, and you have registered to
create an account with the Company, the Company will also send an email to you at the last email
address you provided to us pursuant to the Terms. Any changes to the Terms will be effective
immediately for new users of the Website and will be effective thirty (30) days after posting notice
of such changes on the Website for existing users. Your use of the Website following the posting
of any revised Terms shall be deemed acceptance of the revised policy. The Company strongly
recommends checking Terms periodically. If you disagree with the provisions of these Terms at
any time, your sole remedy is to terminate your use of the Website. Continued use of the Website
constitutes your agreement to these Terms as in effect.Contact Us
If you have questions regarding these Terms, please contact us at Legal@1848ventures.com.