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Legal Documents > Terms of Service (version 1.0.0)

StudioCMS: Terms of Service

Policy Last Updated: September 30, 2024

1. Introduction

Please read these Terms of Service (“Terms”) carefully. This legal agreement between you and StudioCMS governs your use of the platform, software, services, and websites (collectively referred to as the “Product” or “Service”). It is important that you read and understand the following terms. By clicking “Agree,” you agree that these terms will apply if you choose to access or use the service. If you do not agree to this agreement, then you may not use the Service.

If you live in, or your principal place of business is in the United States, please read the dispute resolution found in Section 18.

Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we will give you a limited, nonexclusive, nontransferable, revocable license to use the software. Unless the restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services or Software, attempt to do so, or assist anyone in doing so.

2.    Your Data

When you use the Service, you provide us with data such as image files, narrative content, and messages. (“Your Data” or “Content”). Your Data is yours. These Terms do not give us any rights to Your Data except for the limited rights that enable us to offer the Service.

We need your permission to manage tasks like hosting Your Data, backing it up, and sharing it upon your request. We also provide you with features like organizational tools, metadata editing, and communicating with a variety of third parties to help you to fully utilize the Service. To provide these and many other features, StudioCMS accesses, stores, and processes Your Data. You give us permission to do those things. We have not incorporated these features to be able to sell Your Data to a third-party, but rather to provide you with services that empower you to preserve, manage, display, and possibly sell your photos.  We do not sell your personal information or data to anyone.

3.    Service Rules and Requirements

You may create a member account with the Service by registering your name, providing certain information (including payment information), and creating a password. You agree that you will provide complete, current, and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of the username and password you use to access your member account on our Sites and Apps. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your account on any of our Sites and Apps.

In order to create a member account for the product, you must be 13 years old or lawfully permitted to enter into and form contracts under applicable law. If you are not, please do not set up an account. You may use the Service only as permitted by applicable law, including export control laws and regulations. Finally, to use the Service, you must be at least 13 years old if you reside in the United States, and 16 years old if you reside anywhere else. If the law where you reside requires that you must be older in order for StudioCMS to lawfully provide the Product to you without parental consent (including use of your personal data), then you must be that older age.

This Product is provided on a “AS IS” and “As Available” basis. StudioCMS reserves the right to modify, suspend, or discontinue the Service without notice at any time. You agree that StudioCMS is and will not be liable to you for any modification, suspension, unavailability, or discontinuance of the Service.

4.    Privacy Policy

By agreeing to these Terms of Service, you are also assenting to our Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms.

5. Amendment of the Terms

We may revise these Terms from time to time by posting a revised version. If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the effective date by sending an email to the email address associated with your account or via a notification inside of the Product. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account and stop using the Product before the updated Terms become effective. YOUR CONTINUED USE OF ANY OF THE SERVICE AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.

6. Trademarks

The Service is protected by US trademark laws, as well as other US and foreign regulations. These Terms do not grant you any use, right, title, or interest in the Service, others’ content in the Service, any third-party that is integrated with the Service, StudioCMS trademarks, logos, and other features.

7. Copyright

StudioCMS is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to StudioCMS are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of StudioCMS or the appropriate owner of copyright in such works. StudioCMS does not claim ownership rights in your works or other materials posted by you to StudioCMS (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

StudioCMS’ Proprietary Rights  You acknowledge and agree that StudioCMS owns all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.

8. Reporting Copyright Violations

While we are not obligated to review User Submitted Materials for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Service and Product to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is StudioCMS’ policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

DMCA Take-Down Notice

If you believe in good faith that any material used or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works).
  • Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service.
  • The name, address, telephone number and email address (if available) of the complaining party.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law (e.g., as a fair use).
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Counter-Notice

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.

A counter notice must include all of the following information:

  • Your signature, which may be provided electronically by typing your name.
  • Identification of the material that has been removed or to which access has been disabled. For listings, please provide the listing URL to each item before it was removed or disabled.
  • A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled because of a mistake or misidentification of the material.
  • Your name, address, telephone number, and email address.
  • A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which StudioCMS is located, and that you will accept service of process from the person who provided the original notification or an agent of such person.

If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether the material is infringing, please contact an attorney before submitting a counter notice. Fraudulent or abusive counter notices or other misuse of StudioCMS’ Intellectual Property Policy may result in account termination or other legal consequences.

DMCA notices and counter-notices regarding our Sites and Apps, or notices concerning trademark use in personalized products we make or in our Sites and Apps, should be sent to:

StudioCMS 
Attn: Legal
6830 Elm Street #010,
McLean, VA 22101
email: legal@studiocms.io

9. Third Parties and External Links

Our Service may direct you to sites, software or services owned or operated by third parties. We have not reviewed all of the third-party platforms to which you may be directed, and we have no control over them. We have no control over and are not responsible for the content and operation of such platforms or the privacy or other practices of such platforms. The fact that our Service directs you to such platforms does not indicate any approval or endorsement. You are responsible for the costs associated with such platforms, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such third-party platform.

We may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third-party provider and the agreement to use such software will be solely between you and the third-party provider. By downloading third-party software, you acknowledge and agree that the software is provided on an “AS IS” basis without a warranty of any kind. In no event shall StudioCMS be liable for claims or damages of any nature, whether direct or indirect, from the use of a third-party platform.

Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide the Service. This may include third-party services, equipment, infrastructure, or content. We are not responsible for, nor do we have any liability for any services, equipment, infrastructure, and content that are not provided by us, or the performance (or non-performance) of third-party services, equipment, infrastructure, or content, even if they are components of the Service. You should address questions or concerns relating to third-party services, equipment, infrastructure, and content to the corresponding third-party provider. We do not endorse or warrant any third-party services, equipment, infrastructure, or content that are distributed or advertised over the Service.

Other sites may provide links to our Service with or without our authorization. We do not endorse such sites and are not and will not be responsible or liable for any links from those sites to our Service, any content, advertising, products, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE, AND SERVICES.

We will have the right, at any time and at our sole discretion, to block links to our Sites and Apps through technological or other means without prior notice.

10. Suspension and Termination of Access and Membership

You agree that StudioCMS may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the StudioCMS Site, in StudioCMS’s sole discretion, if you fail to comply with the Terms or applicable law.

11. Product Purchases through the StudioCMS Marketplace

Subscribers may make certain products available for purchase through the StudioCMS Marketplace. Any purchase made through the Marketplace is between the parties involved in the transaction. StudioCMS provides the platform on which such purchase is available and is not responsible for any issues with the purchased item, including but not limited to its quality. Before making a purchase, please be sure to fully review all information in the listing to ensure that the product fulfills your needs and that the terms are acceptable to you.

When a payment is being paid, we have the right to withhold the payment for seven days, to enable us to perform a refund or chargeback in the event necessary.

12. Conduct

To protect all members and ensure a positive environment for everyone that is a part of the StudioCMS community, you agree to not misuse the Service in any way. This includes, but is not limited to:

  • Probing or testing the vulnerability of any system or network, or otherwise circumventing any security measures.
  • Accessing non-public areas or parts of the Service, or shared areas of the Service you have not been authorized to join.
  • Accessing or attempting to access images which you do not have the requisite permission to access, or accessing or trying to access any account that you do not own without expressed permission.
  • Interfering with or disrupting any user, host, or network. This includes overloading, flooding, spamming any part of the Service.
  • Engaging in the dissemination of deceptive or fake identifying information, such as “phishing”
  • Sending promotions or advertisements about other products and services not directly associated with your StudioCMS photography or services.
  • Violate the privacy of others, including disclosing confidential or identifying information about a person without authorization.
  • Sharing any confidential, proprietary or trade secret information of any third party
  • Publishing or sharing any advertisements, solicitations, investment opportunities, or other unsolicited commercial communication, unless expressly permitted by StudioCMS.

Additionally, to protect members of the community, you agree to not use the Service for any illegal or abusive content. StudioCMS reserves the right to decide which material violates this rule. If any material violates the law, StudioCMS reserves the right to report the activity to the proper law enforcement authorities. This includes, but is not limited to:

  • Publishing or sharing content that constitutes child sexually exploitative material. Using the service to share or promote content that violates child pornography laws or laws prohibiting the depiction of minors engaged in sexual conduct is strictly banned.
  • Sharing content that contains or promotes extreme acts of violence or terrorist activity, including terror or violent extremist propaganda.
  • Using the Service to engage in rhetoric that is bigoted or hateful. This includes any incitement of violence against any person or group of people based on their race, religion, ethnicity, national origin, sex, gender identity, sexual orientation, disability, or any other characteristic.
  • Harassing StudioCMS employees and personnel.
  • Sharing any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory.

We reserve the right to take appropriate action in response to violations of this policy, which could include removing or disabling access to content, suspending a user’s access to the Service, or terminating their subscription.

13. Payments and Refunds

Payment

StudioCMS will automatically charge on a recurring monthly basis, including any applicable taxes, to the payment method associated with your account upon signup (or changed thereafter). StudioCMS may also obtain pre-approval for an amount up to the amount of the transaction and contact you periodically by email for billing reminders and other subscription-related notices. You expressly authorize StudioCMS to process regularly scheduled charges, on a recurring basis, to your designated payment method for the applicable amounts for the Service (which may vary based on varying amounts of sales tax).

You may not engage in any type of payment fraud, including unauthorized use of credit cards or other payment methods, illegitimate chargebacks, or any other method of obtaining the Service without required payment.

You are responsible for the timely payment of all fees and for providing StudioCMS with a valid credit card or payment accounts details. If StudioCMS is unable to successfully charge you for the Service in accordance with the renewal terms, you may not be able to access the Service until you update your payment method. If possible, StudioCMS will provide you with notice when a payment has been denied. If StudioCMS is unable to successfully charge your credit card or payment account for the subscription fees, and you fail to update your payment method within a reasonable amount of time following that rejected attempt, we reserve the right to revoke or restrict access to your stored content, delete your stored content, or terminate your account information.

Cancellation and Refund Policy

If you choose to cancel your subscription following the commencement of any renewal term, you may do so from the user settings page. 

To meet the cancellation deadline, you must cancel your subscription before the renewal date of your account for that month. If you cancel the subscription any time before the end of the current billing period, the cancellation will take effect at the end of that billing period. You will retain access to the Service from the time you cancel until the start of the next billing period, and you will not receive a refund or credit for any remaining days in your current billing period.

There are no refunds for any subscription fees or any additional products you purchase through the Service.

Changes to Pricing

You acknowledge that price for the Service may change from time to time, to reflect externalities such as inflation, changes in taxes, and changes to the product offering. StudioCMS does not provide price protection or refunds in the event of a price reduction or promotional offering. Any changes to pricing for the Services (excluding pricing changes due to changes such as higher applicable taxes or increased bank processing fees) will only take effect following reasonable notice. If we notify you of a price change for the Service and you do not want to continue your subscription at the new price, you can cancel the Paid Service before the start of the next subscription period in which the new price applies.

14. Limitation of Liability and Indemnification

THE SERVICE, SOFTWARE, AND ANY RELATED PRODUCT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. StudioCMS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, StudioCMS’ OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY ANY ERRORS OR MISTAKES ON THE SERVICE; ANY SORT OF PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE; ANY UNAUTHORIZED ACCESS TO THE SERVICE; THE TRANSMITTING OF ANY MALICIOUS CODE THROUGH THE SERVICE BY A THIRD PARTY; ANY INTERRUPTION OR STOPPAGE IN THE SERVICE; THE REMOVAL OR UNAVAILABILITY OF CONTENT; OR ANY CONTENT SUBMITTED BY ANY USER.

TO THE FULLEST EXTENT PERMITTED BY LAW, StudioCMS’ AGGREGATE LIABILITY UNDER THE AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO STUDIOCMS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION FOR WHICH LIABILITY WAS IMPOSED.

BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION  IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

ANY MATERIAL DOWNLOADED OR ACCESSED THROUGH SERVICE OR ANY THIRD-PARTY SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. StudioCMS DISCLAIMS ANY AND ALL LIABILITY RELATING TO CORRUPTED OR DELETED CONTENT.

EACH USER IS RESPONSIBLE FOR UTILIZING THE SERVICES OR SOFTWARE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN AND BACKING UP ANY STORED DATA ON THE SERVICES. StudioCMS IS NOT RESPONSIBLE FOR THE LOSS OF ANY DATA.

Monitoring Content

StudioCMS DOES NOT CONTROL THE MATERIALS POSTED OR SUBMITTED ON THE SERVICE, NOR DO WE HAVE ANY DUTY TO MONITOR, SCREEN, OR DELETE THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. StudioCMS WILL MAKE ITS BEST EFFORTS TO REASONABLY ENSURE THIS AGREEMENT, BUT DO HAVE ANY OBLIGATION TO ENSURE THAT ALL CONTENT COMPLIES AT ALL TIMES.

Indemnification

To the extent not prohibited by law, you agree to defend, indemnify and hold StudioCMS’ directors, officers, employees, agents, and partners harmless from any claim, including reasonable attorneys’ fees, made by any individual that was relating to or arising from: any content you submit, share, or otherwise make available through the Service; your use of the Service; any violation of this Terms of Service by you; any action taken by StudioCMS, acting as part of its investigation of a suspected violation of this Terms of Service or as a result of its finding or decision that a violation has occurred; or your violation of any rights of another person, whether or not they themselves are a subscriber. This means that you cannot sue StudioCMS or any party mentioned above as a result of its decision, acting reasonably, to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of our conclusion that a violation of this Terms of Service has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of the agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Product using your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless StudioCMS from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.

15. General

These Terms of Service constitute the entire agreement between you and StudioCMS with respect to the subject matter addressed and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms of Service. Our failure to enforce a provision, or decision not to, is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions will remain in full effect and an enforceable term reflecting our intent as closely as possible will be substituted in its place. You may not assign any of your rights under these Terms, and any such attempt will be void. StudioCMS may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.

16. Jurisdiction

This Agreement and the relationship between you and StudioCMS shall be governed by the laws of the Commonwealth of Virginia. You and StudioCMS consent to submit to the personal and exclusive jurisdiction of the courts located within the County of Fairfax, Virginia to resolve any dispute or claim arising from this Agreement.

17. Storage Policy

Currently, StudioCMS includes unlimited online storage as a part of your subscription. You acknowledge and agree that StudioCMS in the future may establish limits concerning your use of the Service, including without limitation the maximum number of days that content will be retained by cloud services, the maximum size of an uploaded file, and the amount of disk space that will be provided to you for the storage of your content. StudioCMS shall have no responsibility or liability for the deletion or failure to store any content maintained on the Service and you are solely responsible for creating back-ups of your content.

18. Binding Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court. except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin arbitration proceedings, you must send a letter requesting arbitration and describing your claim to our registered agent:

Agents and Corporations, Inc. 1201 Orange Street, Suite 600, Wilmington, DE 19801

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings 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 in arbitration, we each waive any right to a jury trial. Notwithstanding anything in this Arbitration Provision to the contrary, StudioCMS will pay all fees and costs that we are required by law to pay.

IP Exception. Either you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief.

Rejecting Future Arbitration Changes. You may reject any change we make to this section (except address changes) by personally signing and sending us a notice within 30 days of the change by U.S. Mail to the address in section. In this situation, the most recent version of this before the change you rejected will apply.

Severability. If, after exhaustion of all appeals, a court finds any part of this section to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of this section is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).

Waiver of Class, Collective, and Representative Actions/Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED (I) ON A CLASS ACTION, COLLECTIVE ACTION, OR OTHER JOINT OR CONSOLIDATED BASIS, OR (II) ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM AND THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS WAIVER OF CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE ACTIONS AND RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.