Terms and Conditions

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be ultimately and exclusively resolved through binding arbitration. YOU ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO FILE A LAWSUIT AND HAVE A TRIAL BY JURY. The arbitration process will be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, if applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), which can be accessed at the AAA website www.adr.org. The arbitration fees and the portion of arbitrator compensation you are responsible for will be determined by the AAA Consumer Rules and may be limited by them. The arbitration may take place in person, through document submissions, by telephone, or online. The arbitrator will render a written decision but is not obligated to provide a statement of reasons unless requested by either party. The arbitrator must adhere to applicable law, and any award may be challenged if the arbitrator fails to do so. Unless the applicable AAA rules or applicable law require otherwise, the arbitration will be conducted in San Diego, California. Unless stated otherwise herein, the parties may seek judicial intervention to enforce arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator's award.

If, for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be initiated or prosecuted in the state and federal courts located in San Diego, California, and the parties hereby consent to, and waive any objections related to lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in those state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms and Conditions.

No dispute brought by either party related to the Site may be initiated more than one (1) year after the cause of action arises. If this provision is deemed illegal or unenforceable, neither party will elect to arbitrate any dispute falling within that portion of this provision and such dispute shall be decided by a court of competent jurisdiction within the courts specified for jurisdiction above. The parties agree to submit to the personal jurisdiction of that court.

Restrictions

The parties acknowledge that any arbitration will solely address the dispute between them individually. To the maximum extent allowed by law: (a) no arbitration will be consolidated with any other proceeding; (b) there is no entitlement or authorization for any dispute to be arbitrated on a class-action basis or to employ class-action procedures; and (c) there is no entitlement or authorization for any dispute to be initiated in a supposed representative capacity on behalf of the general public or any other individuals.

Exceptions to Arbitration

The parties acknowledge that the following disputes are exempted from the aforementioned provisions regarding binding arbitration: (a) any disputes seeking to enforce, protect, or address the validity of any intellectual property rights belonging to either party; (b) any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is deemed illegal or unenforceable, neither party will choose arbitration for any dispute falling within the portion of this provision found to be illegal or unenforceable. Instead, such dispute will be decided by a competent court as specified in the jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.