PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS, COLLECTIVE OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT, AND THE ARBITRATOR WILL HAVE NO JURISDICTION OR AUTHORITY TO COMPEL ANY CLASS OR COLLECTIVE CLAIM OR CONSOLIDATE DIFFERENT ARBITRATION PROCEEDINGS. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY OR BENCH TRIAL IN CONNECTION WITH ANY CLAIM COVERED BY THIS ARBITRATION AGREEMENT. No Representative Actions. The parties agree that any dispute arising out of or related to these Terms or the Service is personal to the parties and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. Arbitration of Disputes. Except for small claims disputes in which a party seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which a party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, each party waives its rights to a jury trial and to have any dispute arising out of or related to these Terms or the Service resolved in court. Expressly excepted from this arbitration agreement to arbitrate are employment-related claims such as those concerning employment termination, discrimination, harassment, and wage and hour issues under state and federal law. For any other type of dispute or claim that you have against us or relating in any way to the Service, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at concierge@trustworthy.com or by certified mail addressed to Trustworthy, 1390 Market Street #200, San Francisco, CA 94102. The Notice must (a) include your name, residence address, email address, and telephone number, (b) describe the nature and basis of the claim, and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If the parties cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco, CA in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The arbitrator will apply Federal Rules of Civil Procedure Rule 56 and Rule 68 which can be found at https://www.law.cornell.edu/rules/frcp/rule_56 and https://www.law.cornell.edu/rules/frcp/rule_6. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. The parties agree that these Terms affect interstate commerce and that the enforceability of this arbitration agreement will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitrator and the parties will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. The parties agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. The parties agree that the state or federal courts of the State of California and the United States sitting in San Francisco, CA have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. This arbitration agreement does not bar or preclude any party from seeking immediate equitable injunctive relief on an emergency or ex parte basis, to the extent permitted by applicable law and rules of court, arising from the breach of these Terms, and based on a good faith belief that material irreparable harm will result unless equitable relief is sought and granted. All other claims, causes of action, remedies, damages, and forms of relief in law or equity will be subject to arbitration under this arbitration agreement to the extent permitted by applicable law. The parties further agree that no bond or other security will be required in obtaining such equitable relief and hereby waive any such requirement and consent to the issuance of such injunction and to the ordering of specific performance. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement, including, but not limited to, disputes regarding the arbitrability of claims and any claim that all or any part of this arbitration agreement is void or voidable. If any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms, (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this arbitration agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this arbitration agreement, and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims will be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this arbitration agreement will be enforceable. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this arbitration agreement by sending an email to concierge@trustworthy.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13 of these Terms.