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Last Updated: July 2017

PopChart Family LLC Terms of Service

Terms of Service

By using or signing up for PopChart Family LLC, you agree to these terms.

Agreeing to our Terms

Thank you for your interest in PopChart Family LLC, which owns and operates the services offered on popchart.family ("PopChart Family LLC Website") and any associated mobile applications ("PopChart Apps") or products and services that PopChart Family LLC may provide now or in the future (collectively, the "Service").

When using the Service, you will also be subject to the PopChart Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the PopChart Website or PopChart Apps, which may be posted from time to time (collectively the "Guidelines"). These Terms of Service, including any other Guidelines and future modifications (collectively, the "Agreement") govern your use of the Service and is a legal contract between you and PopChart Family LLC. By registering for an account on, or otherwise accessing or using the PopChart Family LLC Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of an institution that has a separate written agreement with PopChart Family LLC, that agreement governs your use of the Service.

If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don't get your parent or guardian to read and agree to the Agreement, you don't have permission to use the Service.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you", "your" or "Member" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.

Using the Service

As long as you are complying with all of the terms and conditions of this Agreement, PopChart Family LLC gives you permission to access and use the Service that you select through the applicable registration process. The Service is available for your personal, noncommercial use.

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we'll be sorry to see you go. We may also stop providing Service to you, or add or create new limits to our Service or restrict

your access to all or a part of the Service at any time without notice or liability. Access to and use of the Service itself is free for a trial period, but in the future, we may offer new or additional special features or offers which PopChart Family LLC may charge for. Your carrier's normal rates and fees still apply, such as text messaging and data fees.

The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.

Your Information and Content

In the course of using the Service, you and other users may provide or post certain content or information which may be used by PopChart Family LLC in connection with the Service and which may be visible to certain other users ("User Submissions"). User Submissions can include: Avatar images, tasks, chores, chore charts, points, virtual currency, achievements, parent-to-kid messaging, allowance, family store, and family store items.

In order to allow PopChart Family LLC to provide the Service, you hereby grant to us a limited, non-exclusive, sublicensable (as necessary to perform the Service), worldwide, royalty-free, and transferable (only to a successor) right and license to (i) use, copy, store, distribute, publicly perform and display, modify, and create derivative works (such as changes we make so that your content works better with our Service) such User Submissions as necessary to provide, improve and make the Service available to you and other users, including through any future media in which the Service may be distributed, (ii) use and disclose metrics and analytics regarding the User Submissions in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes), (iii) use any User Submission that has been de-identified for any product development, research or other purpose; and (iv) use for other purposes permitted by the PopChart Family LLC Privacy Policy.

PopChart Family LLC will only share and use your personally identifiable information in accordance with PopChart Family LLC's current Privacy Policy at https://popchart.family/privacy.html.

The license in (i) above will terminate when you delete any User Submissions with intellectual property rights (like PopChart Kid Avatar images) ("IP content")), you or your Institution (as defined below) deletes an Avatar image, you delete any account information, or you delete your account, unless your content has been shared with others, and they have not deleted it. Note, however, that any User Submissions that may be in or related to messages sent through PopChart Family LLC Parent-Kid Messaging may be kept after you delete your account. When you delete IP content, Avatar images, or account information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Submission or Avatar images may persist in backup copies for a reasonable period of time (but will not be available to others). You are responsible for making sure that you have all rights in the User Submissions, including the rights necessary for you to grant us the foregoing licenses to the User Submissions.

All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. PopChart Family LLC cannot guarantee the identity of any other users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We do not guarantee that we will publish any of your User Submissions or Avatar images, and reserve the right to remove User Submissions and Avatar images from the Service at any time for any reason, such as if we receive a notice reports a User Submission or Avatar images infringes someone's intellectual property rights.

Our automated systems analyze your User Submissions to provide you personally relevant product features, such as customized search results, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. PopChart Family LLC will not analyze any User Submissions for the purpose of providing behaviorally-targeted advertising to kids or parents.

We always appreciate your feedback or other suggestions about PopChart Family LLC, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

Privacy

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that PopChart Family LLC can use such data in accordance with our Privacy Policy.

Additional Terms by User Type

a) PopChart Kids: if you are a child accessing the Service at the invitation of a parent or guardian, the following terms apply to you.

(i) Only kids who have been invited, or given access to the Service, by their parent or guardian may use the Service. You may not access or use the Service unless you are invited or given access to the Service by a parent or guardian who is authorized to give you access to the Service.

(ii) We request minimal personal information to be provided from Parent for the Kid user to sign up for an account on the Service: username, pin number, and grade level (Pre-K through Middle School). If you are under 13 years of age, we also collect the parent's email address so that we can provide notice or obtain consent for you to use the Service. If you are a kid, please do not provide any personal information about yourself to us, other than what we request from you when you sign up for the Service or as directed by your parent or guardian.

(iii) The Children's Online Privacy Protection Act ("COPPA") prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent or notice as applicable ("Consent"). Consent may be obtained by PopChart Family LLC if the kid is setting up a new sub account under the parent's main Service account. Children under the age of 13 are prohibited from using PopChart Family LLC Service without parent or guardian Consent. For that reason, the signup flow for the Service requires a parent or guardian. By registering, you promise that you are either (a) over the age of 13 or (b) you gave us your parent or legal guardian's actual and current email address, and that any response sent to PopChart Family LLC in response comes from your parent or legal guardian.

b) Parents: if you are a parent or guardian, these terms apply to you:

(i) If your child is under the age of 13, Consent must be given in order for a student to use a PopChart Family LLC Service account. This Consent must be obtained by the child's parent or legal guardian. If you are the parent or legal guardian of a child who has created an account with us and you did not receive an email seeking your Consent, you can email us at support@popchart.family to have that account deleted. Please note, that if you as a parent provide an email, we may send an email asking you to verify your child's account.

Information collected from kids (including personal information and information collected automatically) is never used or disclosed for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising, and personal information is never sold or rented to anyone, including marketers or advertisers. See our Privacy Policy for more details.

(ii) You further agree that we may send you messages, alerts, and other communications through the Service, including via email, web alert, text messages, push notifications and other similar means, in accordance with the preferences you set through the Service, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.

(iii) Parent users of PopChart Family LLC agree to pay the monthly service fee associated with the account in order to keep all active sub PopChart Kid Service accounts active. After 30 days of non payment, the main Service account and all sub kid accounts will be disabled and will no longer be able to access the PopChart Family LLC service.

PopChart Family LLC Technology

The Service and the PopChart Family LLC Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. "PopChart Family LLC Technology" means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including PopChart Family LLC proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and "look and feel" of the Services, and all other intellectual property, including all PopChart Family LLC Marks. PopChart Family LLC Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the PopChart Family LLC Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any PopChart Family LLC Technology. "PopChart Family LLC Marks" means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of PopChart Family LLC.

Using our Service does not give you ownership of any intellectual property rights in our Service or the PopChart Family LLC Technology. You may not use content from our Services, including User Submissions and PopChart Avatars, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any PopChart Family LLC Marks. Don't remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.

You may download a single copy of the PopChart Family LLC App per device for personal, non-commercial use only.

Social Media

PopChart Family LLC may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third party services, such as social networks or network storage sites ("Linked Accounts"), such as with "Like" and "Share" buttons, or similar features. If you choose to use such features, you grant PopChart Family LLC permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third party terms.

Social Media will NOT be used within any of the PopChart Family LLC Kid or Children content.

Modification to Agreement

We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We'll post notice of modifications to this Agreement on this page. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.

Your Warranty

You warrant, represent and agree that you will not provide any User Submissions or otherwise use the Service in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render PopChart Family LLC in violation of any applicable laws or regulations, including without limitation COPPA and FERPA; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Additionally, you represent, warrant and agree that you (i) possess all rights necessary to provide your User Submissions and grant PopChart Family LLC the rights above and (ii) you are solely responsible for compliance with the applicable provisions of COPPA as set forth above.

Restrictions

We do our best to keep PopChart Family LLC safe, but we cannot guarantee it. We need your help to keep PopChart Family LLC safe, which includes the following commitments by you when using our Service:

You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations.

You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.

You will not collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.

You will not upload viruses or other malicious code, files or programs.

You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.

You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations.

You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another's privacy.

You will not post content that: is hate speech, discriminating, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.

You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.

You will not use the Service in any commercially unreasonable manner or in any manner that would disparage PopChart Family LLC.

You will not impersonate a PopChart Family LLC employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.

You will not facilitate or encourage any violations of this Agreement or our policies.

Any violation of the above may be grounds for termination of your right to access or use the Service.

Experimental and/or Beta Features

We may provide experimental and/or beta features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of PopChart Family LLC may not be regularly tested for compatibility.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.

DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED CONTENT OR SOFTWARE) ARE PROVIDED ON AN "AS IS" BASIS. PopChart Family LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PopChart Family LLC TECHNOLOGY, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PopChart Family LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.

LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL PopChart Family LLC OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PopChart Family LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.

IN NO EVENT WILL PopChart Family LLC OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO PopChart Family LLC FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Registration and Security

As a condition to using Service, you may be required to register with PopChart Family LLC and select a password and username or provide additional contact information ("PopChart Family LLC Parent ID"). You must provide PopChart Family LLC with accurate, complete, and updated PopChart Family LLC Parent ID information. You may not select or use as a PopChart Family LLC Parent ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. PopChart Family LLC reserves the right to refuse registration of or cancel a PopChart Family LLC Parent ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of PopChart Family LLC.

You represent, warrant and covenant all registration information you submit is truthful and accurate.

Indemnity

You will indemnify, defend, and hold PopChart Family LLC, its parents, partners, subsidiaries, affiliates, officers, and employees harmless from and against all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including attorneys' fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions of any content.

Copyright Protection

It is PopChart Family LLC's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). PopChart Family LLC may remove any allegedly infringing content without any liability to you. PopChart Family LLC will promptly terminate without notice any User's access to the Service where the User is a "repeat infringer" of copyrights. PopChart Family LLC, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.

Third Parties and User Interactions

The Service may contain links to third party websites that are not owned or controlled by PopChart Family LLC. When you access third party websites or interact or communicate with third parties through the Service, you do so at your own risk. PopChart Family LLC has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites, or which are posted to or through the Service by other users. Your interactions with organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.

User Disputes. PopChart Family LLC is not responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. We reserves the right, but have no obligation, to become involved in any way with these disputes.

Release. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Termination

This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service or your account at any time by contacting us at support@popchart.family – parents, you can also terminate your child's sub account the same way, although we will need to verify your identity (such as requiring that you send the request to us from the same email address you used to provide your consent to activate the student account originally). PopChart Family LLC may suspend or terminate your access to the Service or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Dispute Resolution

a) Generally: In the interest of resolving disputes between you and PopChart Family LLC in the most expedient and cost effective manner, you and PopChart Family LLC agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You understand and agree that, by entering into these Terms of Service, you and PopChart Family LLC are each waiving the right to a trial by jury or to participate in a class action.

b) Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

c) Arbitration: Any arbitration between you and PopChart Family LLC will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PopChart Family LLC.

d) Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). PopChart Family LLC's address for Notice is: 5542 Meadowood Ln NE, Olympia, WA 98506, United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or PopChart Family LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or PopChart Family LLC shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, PopChart Family LLC shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by PopChart Family LLC in settlement of the dispute prior to the arbitrator's award.

e) Fees: In the event that you commence arbitration in accordance with these Terms of Service, PopChart Family LLC will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Seattle, Washington, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse PopChart Family LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

f) No Class Actions: you and PopChart Family LLC 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. Further, unless both you and PopChart Family LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

g) Enforceability: if only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Service.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. PopChart Family LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PopChart Family LLC's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with PopChart Family LLC's prior written consent. PopChart Family LLC may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of Washington without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in Seattle, Washington, and for all purposes of this Agreement, you and PopChart Family LLC consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with PopChart Family LLC that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind PopChart Family LLC in any respect whatsoever.