TERMS OF SERVICE

Date of Last Revision: October 3rd, 2022

1.         Introduction and Modifications; Privacy Policy.

1.1 Introduction: Truthbitpull Consulting, LLC, a Washington limited liability company (“TBP,” “we,” “us,” “our”) provides its services, including providing one or more Live Events and the TBP Content Library (described below) to you through its website located at http://truthbitpull.com/, and such other related subdomains and sites (collectively, the “Site”) and related services, including, without limitation, any Subscription serivces (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms”). PLEASE READ THESE TERMS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

1.2       Modifications to Terms: We reserve the right, at our sole and exclusive discretion, to change or modify portions of these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

1.3       Privacy Policy: We respect the privacy of the users of our Services (each, a “User”). For details please see our TRUTHBITPULL.com/kaaspass/legal. By using the Service, you consent to our collection and use of personal data as outlined therein.

2.         Access/Use of the Service.

2.1       Use Description: The Service, and any content viewed through our Services, is solely for your personal and non-commercial use. With your purchase of a Self-Guided Pass Subscription or Guided Pass Subscription (as defined below), we grant you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access the TBP content, including the TBP Content Library, and view each Live Event (as defined below) through the Service for that purpose in accordance with what we offer for each applicable Subscription from time to time. Except for the foregoing limited license, no right, title or interest in or to the Service, the Site, or any TBP property shall be transferred to you. You agree not to use the Site for public performances. TBP may revoke your license at any time and from time to time in its sole and exclusive discretion.

2.2       Your Registration Obligations: You may be required to register with TBP in order to access and use certain features of the Site. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services or access the Site, with or without registering. In addition, if you are under 18 years old, you may use the Services or access the Site only with the approval of your parent or guardian.

2.3       Member Account, Password and Security: You may never use another's account, and you may not provide another person with your password or any other access code provided by TBP to you to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify TBP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. TBP will not be liable for any loss or damage arising from your failure to comply with this Section.

2.4       Modifications to Service: TBP reserves the right to modify or discontinue, temporarily, on a limited basis or permanently, the Site or the Services (or any part thereof) with or without notice. You agree that TBP will not be liable or responsible to you or to any third party for any modification, suspension or discontinuance of the Services or the site. We have no obligation to retain any of your account information or User Content for any period of time beyond what may be required by applicable law.

2.5       General Practices Regarding Use and Storage: You acknowledge that TBP may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that data or other content will be retained by the Service. You agree that TBP has no responsibility or liability for the deletion or failure to store any data or other User Content maintained or uploaded by the Service. You acknowledge that TBP reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that TBP reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2.6 Mobile Services: The Services may include certain services that are available via a mobile device, including (i) the ability to browse the Services and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services or Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. TBP makes no representation or warranty that the Services through any Mobile Service will be uninterrupted or error-free.

3.         Conditions of Use

3.1       User Conduct: You are solely and exclusively responsible for all comments, posts, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“User Content”) that you upload, post, publish or display or otherwise use via the Site or Services. TBP reserves the right to investigate and, if necessary and appropriate, take legal action against anyone who, in TBP’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Services. You hereby agree to not use the Services or Site to upload, transmit or otherwise provide any User Content that:

·      infringes any intellectual property or other proprietary rights of any person, business or entity;

·       you do not have a right to upload under applicable law or applicable contractual/fiduciary obligations;

·       contains software viruses or any other computer code, files or programs designed to interrupt, decrease or destroy the functionality of any computer software or hardware or equipment;

·       poses or creates a privacy or security risk to any person, business or entity;

·       constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;

·       is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or

·       in the sole judgment of TBP, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose TBP or its Users to any harm or liability of any type;

·       interferes with or disrupt the Services or servers or networks connected to the Service;

·       violates any applicable local, state, national or international law, regulation, order or rule;

·       impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;

·       harvests or collects email addresses or other contact information of other Users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

·       advertises or offers to sell or buy any goods or services for any business purpose that is not specifically authorized by TBP;

·       furthers or promotes any criminal activity or enterprise; or

·       obtains or attempts to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

3.2       Fees: To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment plan and provide TBP information regarding your credit card or other payment instrument. You represent and warrant to TBP that such information is true, correct and complete and that you are authorized to use the payment instrument provided. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay TBP the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms. You hereby authorize TBP to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let TBP know within sixty (60) days after the date that TBP charges you. We reserve the right to change TBP’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on TBP’s net income.

3.3 Subscriptions: If you use the Services as a part of a subscription with a renewal feature (“Subscription”), such as TBP’s Self-Guided Pass Subscription (the “Self-Guided Pass Subscription”) or TBP’s Guided Pass (the “Guided Pass Subscription”), you authorize TBP to maintain your account information and submit an invoice to you depending on the billing frequency that you choose (monthly, quarterly or annually in accordance with your subscription order) for your Subscription. For monthly billing, you will receive one (1) invoice per month over twelve (12) months. For quarterly billing, you will receive four (4) invoices (one (1) invoice every three (3) months). For annual billing, you will receive an invoice on or around your Subscription start date. For the avoidance of doubt, each Subscription will last for a full twelve (12) months, but TBP will invoice you on a monthly, quarterly or annual basis as selected in your applicable subscription order).  In the event that you elect to renew your Subscription and TBP is unable to charge your account as authorized by you when you enrolled in a Subscription, TBP, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you, unless you otherwise elect to terminate your access to the Site.

Important Note for Company Authorized Users: If you are an “Authorized User” of a corporate user of the Services that has already executed a Membership Subscription Agreement with TBP for a Guided Pass Subscription (the “Corporate User”), TBP will charge the Corporate User and collect payment from the Corporate User directly.

TBP may change the price for Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by law, you accept the new price by continuing to use your Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Subscription before the price change goes into effect.

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Subscription at any time, but if you cancel your Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the Services through the end of your current Subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Users. The amount and form of such refunds, and the decision to provide them, are at our sole and absolute discretion.

If you subscribed on the Site, you can cancel by contactinginfo@truthbitpull.com.

3.4       International Use; Export Controls: Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all applicable rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

3.5       Commercial Use: Unless otherwise expressly authorized herein or by TBP in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or Site.

4.         Intellectual Property Rights.

4.1       TBP Content: You acknowledge and agree that the Services may contain content, intellectual property, or features (“TBP Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TBP, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the TBP Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by TBP from accessing the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the TBP Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services (including, without limitation, any source or object code) or distributed in connection therewith are the property of TBP and other third-party service providers (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by TBP.

The TBP name and logos are trademarks and service marks of TBP (collectively the “TBP Trademarks”). Other TBP, product, and service names and logos used and displayed via the Services or Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TBP. Nothing in this Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TBP Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of TBP Trademarks will inure to our exclusive benefit.

4.2       Third Party Products and Services: TBP may use third-party service providers (“Third-Party-Providers”) in providing, administering, and maintaining the Services and Site. These Third-Party Providers may include, without limitation, online application platform providers, streaming media platform providers, data storage providers, and other technology providers. The Services and Site may also use features that interoperate with third-party applications provided by Third-Party Providers, including, without limitation Zoom or similar video streaming or conferencing platforms (“Third-Party Applications”) that require Customer to use certain third-party products and/or third-party services (collectively, “Third-party Products or Services”). If you must use, procure, or otherwise access any Third-Party Products or Services in connection with or during the course of the Services or Site, you shall be solely and exclusively responsible and liable for using, renewing and paying for such Third-Party Products or Services and reviewing such Third-Party Services’ or Products’ separate product terms, website terms, and privacy policies. You acknowledge and agree that TBP is not responsible or liable in any way for any Third-Party Providers, Third-Party Applications, or any Third-Party Products or Services and makes no guarantees, representations or warranties of any kind regarding the same.

4.3       User Content Transmitted: With respect to the content or other materials you upload through the Service or share with other Users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant TBP, its affiliated companies and partners (including but not limited to TBP instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Feedback”), provided by you to TBP, its affiliated companies or partners are non-confidential and TBP, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that TBP may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TBP, the Users of its Site/Services and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4.4       Copyright Complaints: TBP respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your Intellectual Property Rights have been otherwise violated, you should notify TBP of your infringement claim in accordance with the Digital Millennium Copyright Act (“DMCA”). TBP may also at its sole discretion limit access to the Service and/or terminate the memberships or Subscriptions of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

5.         Third Party Websites. 

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. TBP has no control over such sites and resources and TBP is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that TBP will not be responsible or liable, directly or indirectly, for any damage, expense, cost or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that TBP is not liable for any loss or claim that you may have against any such third party.

6.         Live Events and the TBP Content Library.

Live Event. You acknowledge and agree that in connection with your access to the Services and the Site as a paid subscriber, TBP may deliver one or more live broadcasts (each, a “Live Event”) presented by one or more TBP representatives discussing TBP’s waste management and continuous improvement processes. With respect to each Live Event, you acknowledge and agree that: (i) the Live Event may not be uninterrupted or error-free; (ii) the Live Event may start before or after any time stated by TBP to you, in its reasonable discretion; and (iii) no audio or visual recording of the Live Event or any delivery of the Services by TBP is permitted. Notwithstanding the foregoing, TBP shall have the right to record or take photographs of any Live Event in any medium, whether through itself or any Third Party Services or Products (as defined above), in its sole and exclusive discretion, and you hereby consent to TBP’s recording of any or all portions of the Live Event.

TBP Content Library. Users of the Site who access the Site or the Services for free may have access to the TBP Content Library, as determined by TBP from time to time. You acknowledge and agree that in connection with your access to the Services and the Site, you may be granted access to the TBP content library made available to you via the Internet, which includes pre-recorded videos, diagrams, data and other TBP Content (the “TBP Content Library”). You shall not alter, modify, customize, translate or change in any fashion, the content, images, graphics, audio, video, code, or text of the TBP Content Library in any way. With respect to the TBP Content Library, you acknowledge and agree that: (i) the TBP Content Library may not be uninterrupted or error-free; and (ii) content on the TBP Content Library may be amended, supplemented, removed or altered, in TBP’s reasonable discretion.

7.         Indemnification. 

To the fullest extent permitted by law, you hereby agree to release, indemnify and hold TBP and its affiliates (including, without limitation, Kassco, Inc., d/b/a “Kaas Tailored”, a Washington limited liability company, Kaas3, LLC, a Washington limited liability company, and the Larry W. Kaas Family Limited Partnership, a Washington limited partnership (collectively, the “Affiliates”) and their officers, employees, members, managers, directors, partners, successors, assigns and agents (collectively, “TBP Parties”) harmless from and against any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including, without limitation, death) arising out of or relating to your use of the Services, use of the Site, any User Content, your connection to the Services (whether via a Self-Guided Pass Subscription, Guided Pass Subscription, or otherwise), your violation of these Terms or your violation of the rights of any third party.

If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

8.         Disclaimer of Warranties.

YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TBP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, ACCURACY, TITLE AND NON-INFRINGEMENT.

TBP MAKES NO WARRANTY THAT (I) THE SERVICES, SITE, ANY LIVE EVENT OR THE TBP CONTENT LIBRARY WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES, SITE, ANY SUBSCRIPTION, LIVE EVENT OR TBP CONTENT LIBRARY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE SITE, ANY LIVE EVENT, OR THE TBP CONTENT LIBRARY WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, SUBSCRIPTION OR OTHER MATERIAL RECEIVED OR OBTAINED BY YOU THROUGH THE SERVICES, SITE OR ANY LIVE EVENT OR THE TBP CONTENT LIBRARY WILL MEET YOUR EXPECTATIONS.

9.         Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TBP AND ANY TBP PARTY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TBP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES, YOUR SUBSCRIPTION (AS APPLICABLE) AND/OR THE SITE, OR VIEW ANY LIVE EVENT OR THE TBP CONTENT LIBRARY; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SUBSCRIPTION; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR THROUGH THE SITE OR ANY LIVE EVENT OR THE TBP CONTENT LIBRARY; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES, ANY SUBSCRIPTION SITE OR ANY LIVE EVENT OR THE TBP CONTENT LIBRARY. IN NO EVENT WILL TBP’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TBP IN THE LAST TWELVE (12) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND SITE IMMEDIATELY.

10.       Binding Arbitration; Class Action Waiver.

You and TBP agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms, any Subscription or the Services/Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at TBP, 13000 Beverly Park Rd. Suite A, Mukilteo, Washington 98275 and info@truthbitpull.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

All disputes, claims, or controversies arising out of or relating to the Terms or the Services/Site that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in Seattle, Washington, and you and TBP agree to submit to the personal jurisdiction of any federal or state court in Seattle, Washington in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Each party shall equally bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless TBP is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TBP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect Intellectual Property Rights (“Intellectual Property Rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to TBP at the address identified in Section 14 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, TBP also will not be bound by them. If TBP changes this ‘Arbitration’ section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of TBP’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and TBP in accordance with the provisions of this section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND TBP REGARDING ANY ASPECT OF THE SERVICES OR SITE AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

11.       Termination. 

You agree that TBP, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services or any portion of the Site and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if TBP believes that you have violated or acted inconsistently with these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services or Site, may be referred to appropriate law enforcement authorities. TBP may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that TBP may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services or Site. Further, you agree that TBP will not be liable to you or any third party for any termination of your access to the Services or Site.

Note for Authorized Users of a Corporate User: If you are an “Authorized User” of a Corporate User, your account may still be terminated at any time and from time to time in TBP’s sole and exclusive discretion. In addition, if a Corporate User’s account is terminated for any reason, such as non-renewal of a Guided Pass Subscription, your Authorized User account will be terminated on the date that such Corporate User account is terminated.

12.       General. 

These Terms constitute the full, final and comprehensive agreement between you and TBP and govern your use of the Services and Site whether through a Subscription or otherwise, superseding and replacing any prior or contemporaneous agreements between you and TBP with respect to the Services or Site. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and TBP agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Seattle, Washington. The failure of TBP to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, any Subscription or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms without the prior written consent of TBP, but TBP may assign or transfer this Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall TBP be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service.

13.       Notice for Inquiries.

Please contact us at 13000 Beverly Park Rd. Suite A Mukilteo, Washington 98275, or info@truthbitpull.com to report any violations of these Terms or to pose any questions regarding this Terms or the Services/Site.