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Eksperience Site Terms of Service

Version 1.0, updated April 21, 2022

This Site Terms of Service Agreement (“Terms”) governs your use of the Eksperience LLC website, doing business as Eksperience (“we”, “us”, or “Eksperience”), including our website (eksperience.io), mobile application (“App”), and services we provide through them (collectively, the website, App, and services referred to as our “Site”). “You” refers to you as a user of the Site.

These Terms apply to users of, including visitors to, our Site. Use of our Site is also subject to our current Acceptable Use Policy and Community Guidelines. If you are an Eksperience member (“Member”) you must also adhere to the terms and requirements of the Member Terms of Service, Member Conduct policy and any other required agreements (collectively, the “Member Terms”).

PLEASE READ THESE TERMS CAREFULLY. By using the Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site, as you are not an authorized user and will not avail yourself of the protection of Eksperience or any terms herein.

ARBITRATION NOTICE: Section 16 of these Terms contains provisions governing how claims that you and Eksperience have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and Eksperience to be submitted to binding, final, and confidential arbitration. Unless you opt out of the arbitration agreement as described in Section 17: (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.

Table of Contents

  1. Eksperience Marketplace and Sign My Stuff
  2. Eksperiences
  3. Acknowledgement
  4. Additional Terms
  5. Eligibility
  6. Fees & Payment
  7. Ownership
  8. Copyright and Intellectual Property Policy
  9. Privacy
  10. Third Party Content and Interactions
  11. Links
  12. Changes to our Site
  13. Termination and Reservation of Rights
  14. Indemnification
  15. Disclaimers and Limitations on our Liability
  16. Arbitration Agreement and Waiver of Certain Rights
  17. Other Provisions
  18. Changes to these Terms

Eksperience Marketplace and Sign My Stuff​

By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account, or to use a false identity or provide false information or if you have previously been removed or banned from our Site. You understand that you are responsible for maintaining the confidentiality of your Site account information, including your username and password. You understand that you are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any Claims (as hereinafter defined) related to any unauthorized access to or use of your Site account and you hereby irrevocably waive any and all Claims whatsoever, whether known or unknown, that you believe you may have against us related to or arising out of any such unauthorized access to or use of your Site account.

Eksperiences​

  1. Through our Site, you may obtain personalized experiences (“Eksperiences”) from celebrities, including athletes, actors, performers, artists, influencers, and others (each, a “Member”). You may purchase or submit a request to a Member for an Eksperience for you or a third party that you identify as a recipient (“Recipient”).
  2. You acknowledge and agree that the Member has sole discretion to determine if and how to fulfill your request and the content of the Eksperiences, and may not follow your request exactly. We reserve the right to reject any request or Eksperiences in our sole discretion. The Member has up to seven days (at our sole discretion) to fulfill or decline your request. Once your request is fulfilled, your payment method will be charged the amount specified on the Member’s personalized page on our Site at the time you submitted the request.
  3. Eksperiences are licensed, not sold. You are buying the right (or license) to use it, not the actual Eksperiences themselves. Subject to your payment in full, the Member hereby grants to you the following limited rights to use the content of the Eksperiences solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a limited, non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use and publicly display the content of the Eksperiences in any and all media (for example, on social media platforms) owned by or attributable to you.
  4. You may not sell, resell, commercialize, or encumber your rights in any Eksperiences, including creating a non-fungible token (“NFT”) from any Eksperiences except as agreed by Eksperience (and if necessary, the Member) in writing. You agree that you may sublicense your rights in any Eksperiences only to the extent necessary for you to use the content therein as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).
  5. You may use Eksperiences only in accordance with these Terms, which includes, without limitation, our Acceptable Use Policy and Community Guidelines. We may terminate all or part of the foregoing licenses at any time for any reason without notice. We reserve the right to remove Eksperiences from our Site at any time for any reason without any notice to you.

Acknowledgement​

You hereby acknowledge and agree that:

  1. Eksperience will not be liable or responsible for any Eksperiences or other offering requested by you or any Submission (defined below) you make;
  2. you have no expectation of privacy with respect to any Eksperiences requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;
  3. the Eksperience watermark on Eksperiences content must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any Eksperiences or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of any Eksperiences or assist or encourage any third party to do so;
  4. if you breach any provisions of these Terms, we terminate your access to our Site, or we remove or ban you (or any Site account you created or control), your license to use any Eksperiences, or other offering under these Terms, terminates and you must: promptly remove all copies of any Eksperiences, or other offering, in your possession or control, including from any social media platform; you hereby agree to notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and
  5. without limiting any of our rights, any request you submit through our Site may be rejected by us or by a Member at our sole and unfettered discretion; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion, including terminating your license to use any Eksperiences or other offering under these Terms and requiring you to take the actions outlined in Section 3.D above.

Additional Terms​

Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that some or all of these Terms don’t apply.

Eligibility​

  1. Age: You must be at least 13 years old (or, outside of the United States, the applicable legal age to enter into a contract) to use our Site.
  2. Eligibility Representations and Warranties: You represent and warrant that:
    1. you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
    2. you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;
    3. you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
    4. you are not a convicted sex offender.
  3. Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by U.S. law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (y) you are not listed on any U.S. government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law or by these Terms. You acknowledge and agree that products, services, and technology provided by Eksperience are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Eksperience products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.

Fees and Payment​

  1. Fees: The fee for Eksperiences or other offering is specified on the Member’s personalized page on our Site when you make your request, purchase, or booking. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request, booking, or purchase merchandise, including any applicable service, transaction, or processing fees.
  2. Currency: Transactions are settled in U.S. dollars (“USD”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD. From time to time, we may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.
  3. Payment: You may request or purchase Eksperiences by using a valid payment card through the applicable third party payment provider (for App for iOS, Apple’s in-app payment mechanism; for our website and App for Android, the payment provider we select). You must provide the third party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that Eksperience does not operate, own, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card. You may not return or exchange Eksperiences and no refunds will be issued.
    1. App for iOS: If a Member rejects your request for Eksperiences or the Eksperiences are not provided, you account will be issued a credit (in USD only) for the value of your purchase. The credit will be maintained in your account and may be redeemed only for purchases on the App for iOS. If, when you make a purchase while logged into your Eksperience account on the App for iOS, your account has a credit balance, the balance will be redeemed for that purchase (until fully redeemed) and you will be charged for any remaining portion of the price. Credit balances are not refundable, cannot be transferred, cannot be used outside of the App for iOS, and expire or extinguish immediately when redeemed. By making a purchase on the App for iOS, you represent that you are a resident of a country or territory in which payment in the local currency is supported by the App (as listed here). If you are a resident of a country or territory in which payment in the local currency is not supported by the App for iOS (or located in a country or territory in which payment in the local currency is not supported by the App for iOS), your purchase will not be permitted; however, if such purchase is permitted, we reserve the right to cancel your request and no refund will be issued. The countries and territories and respective local currencies supported by the App for iOS are determined by Apple and not by Eksperience and are subject to change at any time.
    2. Website and App for Android: By providing your payment information, you agree that we may place a pre-authorization hold and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.
    3. In addition, if the Eksperiences or other offering permits, you may choose to designate an additional amount as a “tip”. You acknowledge that Eksperience does not mandate any such tip or gratuity. You agree to pay any amount you authorize as a tip; a tip is not refundable.
  4. Eksperience reserves the right (but is under no obligation) to cancel your request, booking, or purchase for any Eksperiences or other offering if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. We also reserve the right at any time to change our fees and payment procedures, including payment options and terms, either immediately upon posting on our Site or by other notice to you.
  5. Portion of Payment to Member: Any payment for Eksperiences or any other offering, feature, or service on our Site, such as a tip or a sticker, will be divided between Eksperience and Member as provided for in the Member Terms of Service.
  6. Payment Questions: If you have a question about a purchase made on the App or a charge to your payment card, please contact us at support@eksperience.io. We have the sole discretion to determine how billing disputes between us will be resolved.
  7. Taxes: If your purchase obligates Eksperience to collect a sales tax, use tax, or any other equivalent tax (“Sales Tax”) from you, we will collect Sales Tax in addition to the fee for your purchase. If you have not remitted applicable Sales Tax to us, you will be responsible for the payment of the Sales Tax (and any related penalties or interest) to the appropriate tax authority and you will indemnify Eksperience and its owners, officers, directors, shareholders, members, agents, partners, licensors, Members, employees, contractors, parent companies, affiliates, and subsidiaries (individually, each an “Eksperience Party” and collectively, the “Eksperience Parties”) for any liability or expense we may incur in connection with the payment of Sales Taxes on your purchases. At our request, you will provide reasonable assistance and documentation relating to the payment of Sale Taxes on your purchases from Eksperience (for example, official receipts issued by the appropriate tax authority confirming that you have paid all applicable taxes).

Ownership​

  1. You acknowledge and agree that any Eksperiences or other offering from a Member is owned by the Member who created it.
  2. We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, “Site Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, Site Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of the Site Content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.
  3. You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or modifications) of the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (video, text, audio, or otherwise) that you make or send to any Member, including information concerning any Recipient; and (ii) any submission that you make to Eksperience, whether through our Site, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, customer service request, Feedback (defined below), review, photo, video, email, text, audio, post, or other communication, whether relating to you, or a third party (i) and (ii) (each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed or that in any way infringes upon the rights of any third party. Eksperience will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party and you hereby indemnify Eksperience and the Eksperience Parties from any and all claims, actions, causes of actions, costs, fees, expenses, damages, losses, or other liability (collectively, “Claims”) arising out of or related to the wrongful or illegal use of a Submission by you.
  4. We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the sole right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
  5. Eksperience desires to avoid the possibility of future misunderstandings if a project developed by any Eksperience Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Eksperience has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to Eksperience a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
  6. You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback

  1. Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that your material has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

    1. your address, telephone number, and email address;

    2. a description of the work that you claim is being infringed;

    3. a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;

    4. a statement that you have “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”;

    5. an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and

    6. a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

      Copyright Agent: Eksperience LLC support@eksperience.io If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.

  2. Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.

Privacy​

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.

Third Party Content and Interactions​

Our Site may contain features and functionalities that link to or provide you with access to third party content, that is completely independent of Eksperience, including Eksperiences, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. The contents of Eksperiences and other offerings that allow interactions with third parties, including other users of the Site (“Users”) and Members, on the Site are the sole responsibility of the people involved in those interactions. Eksperience is not responsible for the content of the interactions you may have with third parties through Eksperience or other offerings. However, Eksperience may, in its sole discretion, intercede in selected interactions and you will reasonably cooperate with us if we does so. You acknowledge and agree that Eksperience and the Eksperience Parties will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions, including without limitation any requests or Submissions from Users. You agree to contact Users about matters relating to our Site only through the Site. You hereby release each Eksperience Party (defined below) from Claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Our Site may contain links to social media platforms or third party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any Claims related to your use of the platform or website and you hereby forever release and waive any cause of action against Eksperience and the Eksperience Parties from any such Claim. You should always read the terms and conditions and privacy policy of a platform or website before using it.

Changes to Our Site​

You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you. You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.

Termination and Reservation of Rights​

You may cancel your Site account at any time by contacting a member of the Eksperience team at support@eksperience.io. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.

Indemnification and Release​

You agree to indemnify, defend, hold harmless Eksperience and the Eksperience Parties from and against any and all Claims (including reasonable attorneys’ fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to: (a) these Terms; (b) use of our Site; (c) your negligence, misconduct, or fraud; (d) any action or inaction by you or anyone acting on your behalf; (e) any labor organization, union, or guild; (f) any charity or charitable organization; (g) your status as a parent or legal guardian of a Member; (h) Member content; (i) Feedback; (j) your eligibility with the NCAA or any other association, group, authority, or organization; or (k) your participation in any referral program we may offer. Eksperience may select counsel and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

You further agree to fully release Eksperience and the Eksperience Parties from any liability stemming any and all Claims (including reasonable attorneys’ fees and costs) and hereby waive any and all rights you may now have or may in the future have of any kind or nature, arising from, out of, in connection with, or relating to: (a) any personal injury, bodily harm, or wrongful death arising out of or related to the Eksperiences; (b) any items you acquire via Sign My Stuff; (c) any interactions with the Site of any kind whatsoever; or (d) these Terms.

Disclaimers and Limitations on our Liability​

  1. You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the Eksperience Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
  2. In particular, the Eksperience Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third party website linked to or integrated with our Site. You acknowledge and agree that the Eksperience Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site or your participation in or the fulfillment of any Eksperiences; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any content posted or shared through our Site.
  3. You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including a User request, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through Eksperiences, will create any warranty not expressly made by us.
  4. You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that Eksperience is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and do hereby waive, any legal or equitable rights or remedies you have or may have against any Eksperience Party with respect thereto.
  5. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any Eksperience Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Eksperience has been advised of the possibility of such damages.
  6. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by Eksperience from you during the twelve (12) months preceding the claim giving rise to such liability.
  7. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
  8. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Eksperience and you.

Arbitration Agreement and Waiver of Certain Rights​

  1. Arbitration: You and Eksperience agree to resolve any disputes between you and Eksperience through binding, confidential, and final arbitration instead of through court proceedings. You and Eksperience each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Eksperience relating to these Terms or our Site (each an “Action” and collectively, “Actions”). Any Action will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
  2. Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Eksperience will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
  3. No Preclusions: This arbitration agreement does not preclude you or Eksperience from seeking action by federal, state, or local government agencies. You and Eksperience each also have the right to bring any qualifying Action in small claims court. In addition, you and Eksperience each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
  4. No Class Representative or Private Attorney General: Each of you and Eksperience agree that with respect to any Action, neither may: (i) act as a class representative or private attorney general; or (ii) participate as a member of a class of claimants. You agree that no Action may be arbitrated on a class or representative basis. The arbitrator can decide only individual Actions (whether brought by you or Eksperience). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
  5. Severability/No Waiver/Survival: If any provision of this Section 16 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 16 will continue in full force and effect. No waiver of any provision of this Section 16 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 16 will survive the termination of your relationship with Eksperience.
  6. 30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: Eksperience, [ADDRESS]. Your notice must include your name and address, any usernames, each email address you have used to set up an account on our Site, and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  7. LIMITATIONS: This Section 16 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or Eksperience would have in court may not be available in arbitration.

Other Provisions​

  1. Force Majeure: Under no circumstances will any Eksperience Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, cybersecurity incidents, internet or communication service interruptions, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any Eksperience Party.
  2. Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Las Vegas, Nevada. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
  3. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
  4. No Waiver or Amendment: The failure by Eksperience to enforce any right or provision of these Terms will not prevent Eksperience from enforcing such right or provision in the future and will not be deemed to modify these Terms.
  5. Assignment: Eksperience may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
  6. Section Headings: The headings of paragraphs, sections, or other subdivisions of these Terms are for convenience in reference only. They will not be used in any way to govern, limit, modify, construe, or otherwise be given any legal effect.
  7. Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

Changes to These Terms​

We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective thirty (30) days after posting.