Last Updated: September 17, 2020

Full Tilt Inc. d/b/a MatFresher (“MatFresher”, “we”, “us”, or “our”) provides exercise mat cleaning and sanitization equipment and services, an online web portal, and associated services (collectively, the “Services”) available through its websites (including, without limitation, the website located at www.matfresher.com), SMS text messaging platform, and any mobile application linked to this Terms of Service (collectively, the “Site”). Your access to and use of the Site and Services is subject to these Terms of Service (these “Terms”).

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 19 BELOW (“ARBITRATION AND DISPUTE RESOLUTION AGREEMENT”), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE SITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND SERVICES. BY CLICKING “AGREE”, REGISTERING AN ACCOUNT WITH US, OR OTHERWISE ACCESSING OR USING THE SITE AND SERVICES, YOU ARE AGREEING TO COMPLY WITH THESE TERMS.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR SERVICES.

The Services enable fitness centers, health clubs, exercise studios, gyms, and similar businesses and merchants (“Merchants”) to provide their users, members, and other participants (“Users”) with a method for quickly cleaning and rolling their exercise mats after each use. The Services include washing machine equipment installed at each Merchant location (each, a “Washing Machine”), as well as an online web portal that enables both Merchants and Users to purchase cleaning bundles and otherwise manage their accounts with us.

We reserve the right to change, suspend, or discontinue any of the Services at any time, with or without notice to you. We may also modify our prices effective prospectively, upon reasonable notice, to the extent allowed under applicable law.

The standard chunk of Lorem Ipsum used since the 1500s is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from “de Finibus Bonorum et Malorum” by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged.

Supplemental terms may apply to certain Services, such as specific promotions, activities, or events, and you must agree to any such supplemental terms in order to receive the applicable Service(s). Such supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

In addition, if you register to access and use the Services as a Merchant, the Additional Terms and Conditions for Merchants will apply to your access and use and will control in the event of any conflict with these Terms.

Information that you provide to us or that we collect about you through your access to and use of the Site or Services is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.

No one under the age of 18 may access or use the Site or Services unless supervised by a parent or legal guardian who is bound by these Terms.  By accessing or using, or attempting to access or use, the Site or Services, you represent that you are at least 18 years of age and that you are able to enter into legally binding contracts, including, without limitation, these Terms (or, if you are under 18 years of age, that your parent or legal guardian has reviewed and agrees to be bound by these Terms on your behalf).

The materials displayed or made available on or through the Site and Services, including but not limited to, text, graphics, information, data, content, articles, photos, images, illustrations, and so forth (collectively, the “Content”) are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site and Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content, or (ii) in a way that violates someone else’s (including, but not limited to, our) rights.

You understand and agree that we and/or our licensors own all right, title, and interest in and to the Site, Services, and all Content. You acknowledge and agree that the Content may constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site, Services, or Content.  Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of MatFresher or its licensors and Content-providers.

By submitting suggestions or other feedback regarding the Site or Services, you agree that we can use and share (with no obligation to do so) such feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law nor anyone’s rights (including, without limitation, intellectual property rights).

We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by sending an email to the email address that we have on file for you or posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any Content.  We reserve the right at any time to modify or discontinue the Site (or any part or Content thereof) without notice at any time.  To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

You may access and use the Site only in connection with your use of the Services and Content as permitted herein and only for your personal use (or, if accessing the Site on behalf of your company, only for your company’s internal use).  Any other access to or use of the Site or Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or any Content is appropriate or available for use in your location.  A reference to a product or service on the Site does not imply that such product or service is or will be available in your location. All Content on the Site, including, but not limited to, advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product and service is void where prohibited by law.

In accessing and using the Site, Services, or any Content, you agree that you will comply with all applicable federal, state, and local laws, including, without limitation, privacy laws, copyright and other intellectual property laws, cyber harassment, anti-spam laws, export control laws, tax laws, and regulatory requirements.

In addition, in accessing and using the Site, Services, or any Content, you agree that you will NOT:

1. Circumvent, disable, or otherwise interfere with any security-related features of the Site or Services, including, without limitation, any features that enforce limitations on the use of the Site, Services, or any Content;
2. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site, Services, or Content;
3. Copy, modify, adapt, translate, or create derivative works based on the Site, Services, or Content;
4. Reproduce, redistribute, duplicate, sell, resell, lease, sublicense, time-share, or exploit for any commercial purpose any portion of the Site, Services, or Content, except as expressly authorized by us in writing;
5. Remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Site, Services, or any Content;
6. Access, use, or copy any portion of the Site, Services, or Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms;
7. Use the Site or Services to store or transmit viruses, worms, time bombs, Trojan horses, or other malicious code, or any “spam” or any other content or material in violation of applicable law;
8. Collect or harvest any personal information from the Site or Services, including, but not limited to, passwords, pin numbers, phone numbers, or email addresses;
9. Attempt to interfere with the proper working of the Site or Services or otherwise impairing, overburdening, or disabling the same;
10. Register an account on the Site using false information or use, or attempt to use, another’s account; or
11. Otherwise engage in any conduct that restricts or inhibits any other Merchant or User from using or enjoying the Site or Services.

Furthermore, in using any Washing Machine, you agree that you will NOT:

1. Use any Washing Machine except as specifically indicated in any written instructions displayed on the Washing Machine or otherwise made available to you by MatFresher, or as demonstrated to you by an appropriate and knowledgeable Merchant staff member;
2. Attempt to alter, disassemble, repair, service, or otherwise tamper with any Washing Machine or any features (including security-related features) or component parts thereof; or
3. Damage or attempt to cause any damage to any Washing Machine.

In order to use most aspects of the Services, you must register and maintain an active Services account (“Account”). To set up an Account with us, you will be asked to provide certain information about yourself, such as your first and last name, company name, e-mail address, mobile phone number, payment card and billing information, and information about your exercise mat usage and cleaning habits and preferences. You must also create a password and pin number for your Account and acknowledge and agree to these Terms and the terms of our Privacy Policy.  You must provide complete and accurate information when setting up an Account and keep all Account information current.

You are responsible for maintaining the confidentiality of your password, pin number, and Account. You agree to: (a) use a strong password and pin number and keep your password and pin number confidential and not share it with anyone else; (b) not transfer any part of your Account to anyone else; and (c) immediately notify us of any unauthorized use of your password, pin number, or Account.

You agree at all times to keep current and promptly update your Account information, including, but not limited to, your email address, mobile phone number, and billing information, so that we can complete your transactions and contact you as necessary. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services and/or suspension or termination of your Account.

You acknowledge and agree that we are authorized to act on instructions received through use of your password, pin number, or Account, and that we may, but are not obligated to, deny access or block any transaction made through use of your password, pin number, or Account without prior notice if we believe your password, pin number, or Account are being used by someone other than you, or for any other reason. You are solely responsible for all activity that occurs under your Account unless you close it or report misuse.

If you are a User, you agree to pay the full amount of the fees displayed within your Account and/or on the Site for the exercise mat cleaning bundle(s) that you select for purchase. By purchasing a cleaning bundle, you expressly authorize MatFresher, or a third-party payment processor on our behalf, to charge the method of payment that you have provided to us through your Account and to collect the full amount of the total fees for such cleaning bundle, including any related charges and taxes. We may calculate taxes payable by you (if any) based on the billing information that you have provided to us at the time of purchase. All purchases are non-refundable and non-cancellable unless expressly indicated otherwise.

Cleaning bundles may be used at any Merchant location with a Washing Machine and, unless otherwise expressly indicated at the time of purchase, have no expiration date. Cleaning bundles will be set up to automatically renew following usage of the last remaining cleaning in your current bundle, unless you opt out of automatic renewal using the features and settings available in your Account. We will attempt to send you a reminder via email or SMS message that your cleaning bundle is set to automatically renew prior to use of the last remaining cleaning in your current bundle, unless you have opted out of automatic renewal. Your payment method will automatically be charged upon renewal for the total fee amount (including any related charges and taxes) applicable to the renewed cleaning bundle. To avoid future charges, you must opt out of automatic renewal before using the last remaining cleaning in your current bundle.

You acknowledge and agree that we may use a third-party payment processor to charge you for Services purchased through your Account. By submitting your payment card information, you grant us the right to process and store your information with any such third-party payment processor, which we may change from time to time.  You agree that we will not be responsible for any failures of the third-party payment processor to adequately protect such information.  The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.  You acknowledge that we may change the third-party payment processor at any time, with or without notice to you, and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security.

You agree that we have your explicit consent to provide notices and messages to you for Account management, customer support, and promotional purposes in the following ways: (a) within the Service, or (b) sent to the contact information you provided us (e.g., email or SMS or MMS to your mobile number). You can cancel the SMS service at any time by replying “STOP” to the last text message you received, or by using the features and settings available in your Account. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Message and data rates may apply for any messages sent to you from us and to us from you.Message frequency depends on your use of the Services.  If you have any questions about your text plan or data plan, please contact your wireless provider.  For all other questions about the SMS services, you can send an email to hello@matfresher.com.

We may, in our sole discretion, without liability, and without notice to you, immediately suspend, limit, and/or terminate your access to the Site, the Services, and/or your Account for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies, or courts; (iii) if you ask us to close your Account; (iv) if we discontinue or materially modify the Site or the Services (or any part thereof); (v) if we believe in our sole discretion that your use or access to the Site, the Services or your Account may create risk (including, but not limited to, legal risk) for us, our affiliates, contractual partners, or users; and/or (vi) following extended periods of inactivity on your Account (six (6) months or longer). Upon any termination, your Account will be closed and you will lose the right to access and use the Services.

Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site, Services, and/or your Account, shall survive including, but not limited to, the “Content and Intellectual Property”, “Fees and Payment”, “Indemnification”, “Disclaimers”, “Limitation of Liability”, “Arbitration and Dispute Resolution Agreement”, and “Miscellaneous” sections of these Terms.

The Services may be made available or accessed in connection with third-party services and content that we do not control, including, without limitation, products, services, programs, and other offerings made available to you by Merchants (“Merchant Offerings”) and other third parties. You acknowledge that different terms of use and privacy policies may apply to your use of Merchant Offerings and other third-party services and content. We have no control over and do not endorse any Merchant, Merchant Offerings, or other third-party services or content, and in no event shall we be responsible or liable for any conduct of or interactions you may have with any Merchant or other third-party provider (whether or not related to the Services) or for your use of any Merchant Offerings or any other third-party products or services.

MatFresher takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.  You are responsible for maintaining the confidentiality of any information about you, including, without limitation, any password and pin number used in connection with your use of the Site and Services.  You agree to notify us immediately if you discover loss or access to such information by another party not under your control or supervision.  We will not be liable for any loss or damage arising from the unauthorized use of your password, pin number, or Account.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Site and any updates thereto. We do not guarantee that the Site or Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

You agree to indemnify and hold harmless MatFresher and its officers, directors, owners, employees, contractors, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorneys’ fees and costs) arising out of or relating to: (i) your use of the Services (including any health- or medical-related issues arising out of or in connection with such use); (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party; (iv) any data or information that you submit to the Site or Services or otherwise provide to us; (v) any relationship, transaction, interaction, or dispute that you have with any Merchant.

You are solely responsible for your interactions with any Merchant. To the maximum extent permitted under applicable law, you hereby release the Indemnified Parties from any and all claims or liability related to any Merchant Offering, any action or inaction by a Merchant, including, without limitation, any harm caused to you by any action or inaction of a Merchant, any Merchant’s failure to comply with applicable law, and/or any other product or service purchased or obtained by you from any Merchant or other third party.

THE STATE OF KNOWLEDGE REGARDING EXERCISE MAT CLEANING, SANITIZATION, AND INFECTION CONTROL AND PREVENTION IS CONTINUOUSLY EVOLVING AND MAY BE UNCERTAIN.   TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE INDEMNIFIED PARTIES MAKE NO WARRANTY OR GUARANTEE THAT PROPER USE OF THE SERVICES OR ANY WASHING MACHINE WILL RESULT IN COMPLETE ELIMINATION OR DESTRUCTION OF ALL GERMS, BACTERIA, MICROBES, VIRUSES, PATHOGENS, PARASITES, OR OTHER INFECTIOUS AGENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND/OR ANY WASHING MACHINE IS ENTIRELY AT YOUR OWN RISK, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING OUT OF OR RELATING TO: (I) ANY BODILY OR PHYSICAL INJURY, SICKNESS, INFECTION, DISEASE, OR OTHER HARM THAT YOU MAY SUFFER IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY WASHING MACHINE; OR (II) ANY DAMAGE TO REAL OR PERSONAL PROPERTY, INCLUDING FIRE, WATER, OR ELECTRICAL DAMAGE AND/OR DAMAGE TO YOUR OR ANYONE ELSE’S EXERCISE MAT, RESULTING FROM USE OF THE SERVICES OR ANY WASHING MACHINE.

YOU ACKNOWLEDGE THAT UVC LIGHT EMITTED FROM A WASHING MACHINE MAY BE VISIBLE DURING OPERATION AND THAT LOOKING DIRECTLY AT UVC LIGHT MAY BE HARMFUL. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING OUT OF OR RELATING TO ANY BODILY HARM OR PHYSICAL INJURY THAT MAY RESULT FROM LOOKING AT UVC LIGHT EMITTED FROM ANY WASHING MACHINE.

IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE, SERVICES, AND ALL CONTENT AND WASHING MACHINES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT OF THE LAW, THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTIES THAT THE SITE, SERVICES, CONTENT, AND/OR WASHING MACHINES WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, SERVICES, AND/OR CONTENT; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR PRODUCTS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE; (E) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, AND/OR ANY WASHING MACHINE; (F) WARRANTIES THAT YOUR USE OF THE SITE, SERVICES, AND/OR ANY WASHING MACHINE WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT THE SITE, SERVICES, CONTENT, SERVICES, AND/OR ANY WASHING MACHINE WILL BE ERROR-FREE OR THAT ERRORS IN THE SITE, SERVICES, CONTENT, SERVICES, AND/OR ANY WASHING MACHINE WILL BE CORRECTED.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WE MAY USE THIRD PARTIES TO PROVIDE CERTAIN PRODUCTS AND SERVICES ACCESSIBLE THROUGH THE SITE AND SERVICES. WE WILL NOT BE LIABLE TO YOU FOR THEIR ACTS OR OMISSIONS. IN ADDITION, IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF RELATING TO ANY MERCHANT OFFERINGS, THE CONDUCT OF ANY MERCHANT, OR YOUR RELATIONSHIP, TRANSACTIONS, INTERACTIONS, OR DISPUTES THAT YOU MAY HAVE WITH ANY MERCHANT

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE, SERVICES, OR ANY WASHING MACHINE UNDER ANY THEORY OF LIABILITY.  YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, SERVICES, AND ANY WASHING MACHINE SHALL IN ALL EVENTS BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO MATFRESHER FOR THE SERVICES IN THE PRECEDING THREE (3) MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW.

PLEASE READ THIS FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes“) will be settled by binding arbitration between you and MatFresher, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and MatFresher are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and MatFresher otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Arbitration and Dispute Resolution Agreement section will be deemed void. Except as provided in the preceding sentence, this Arbitration and Dispute Resolution Agreement section will survive any termination of these Terms.

The arbitration will be administered by the Judicial Arbitration & Mediation Services (“JAMS“) in accordance with the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this Arbitration and Dispute Resolution Agreement section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

A party who desires to initiate arbitration must provide the other party with a written demand for arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Illinois and will be selected by the parties from the JAMS’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS.

Unless you and MatFresher otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and MatFresher submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. MatFresher will not seek, and hereby waives all rights MatFresher may have under applicable law to recover, attorneys’ fees and expenses if MatFresher prevails in arbitration.

Your responsibility to pay any JAMS filing, administrative, and arbitrator fees will be solely as set forth in the JAMS Rules. However, if your claim for damages does not exceed $75,000, MatFresher will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

These Terms and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, Services, and Content.

Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. If for any reason a Dispute proceeds in court: (i) you and MatFresher agree that any Dispute may only be instituted in a state or federal court located in Cook County, Illinois; (ii) you and MatFresher irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and MatFresher agree to waive any right to a trial by jury.

These Terms do not confer any rights, remedies, or benefits upon any person other than MatFresher and you.

We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will not be affected, and the invalid or unenforceable provision will be replaced by such valid and enforceable provision as comes closest to the intention underlying the invalid or enforceable provision.

Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

Discontinuation of use of the Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.

Please contact us with any questions regarding the Site, Services, or these Terms at hello@matfresher.com or:

Full Tilt Inc. d/b/a MatFresher

40 E. Chicago Avenue

Suite 254

Chicago, IL 60611