info@urawarrior.com

TERMS OF USE

Last Updated: January 12, 2023

Welcome to UR A Warrior. Please review these Terms of Use (“Terms of Use”) before using or accessing the UR A Warrior mobile application (the “App”). To make these Terms of Use easier to read, the services provided on the App and its associated website(s) (the “Site”) and social-media offerings are called the “Services”. These Terms of Use form a binding agreement between users of the Services (“you” or “User”). By downloading the App and using the Services, you agree to be bound by the Terms of Use, including, but not limited to, the Mandatory Arbitration and Class Action Waiver.  If you do not agree to these Terms of Use, you should not use the Services.

The Services are operated by You Are A Warrior, LLC, a Delaware limited liability company (the “Company", "we" or "us"). By accessing or using the Services, you, the User, signify that you have read, understand, and agree to be bound by these Terms of Use. 

IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND COMPANY CAN BE BROUGHT, INCLUDING AN ARBITRATION AGREEMENT. PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH US ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION (AS DESCRIBED BELOW). BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

CHANGES TO THESE TERMS OF USE

We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Site or the App and will indicate at the top of this page the date the Terms of Use were last revised. You understand and agree that your continued use of the Services after we have made any such changes constitutes your acceptance of the new Terms of Use.

MEDICAL & PROFESSIONAL DISCLAIMER

The Services offer a virtual community to connect with others and receive personal development, self-improvement, motivation and support in their well-being journey. When you use the Services, we may connect you, and information you provide us, with a professional in order to provide you coaching and support. Any coaching provided by a professional is not intended to constitute a professional service offered by the Company. When the Company connects you or your information to a professional, the Company is acting solely as a conduit between you and the professional, with no control over that interaction. In connecting you or your information to a professional, the Company is not directly providing you professional or medical advice, diagnosis, or treatment when making this connection on your behalf. If you think you may have a medical emergency, call your doctor or 911 immediately. If you are thinking about suicide or if you are considering taking actions that may cause harm to you or to others or if you feel that you or any other person may be in any danger or if you have any medical emergency, you must immediately call the relevant emergency service number, notify the relevant authorities, and seek immediate in person assistance. Never disregard professional medical or mental health advice or delay in seeking it because of something you have read via the Services. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding potential health conditions. The Company does not recommend or endorse any specific professionals, healthcare providers, products, treatments, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Services. Reliance on any information appearing on, accessed through, sent through or made available for use or download through the Services, whether provided by Company, its content providers (including any professionals who provide content through the Services), its clients, visitors to the Services or others, is solely at your own risk.

Any information supplied through this website is for informational purposes or general guidance, and does not constitute medical or professional advice. Mental-health-related content provided through this website is not a substitute for medical advice, and it is important that you do not make medical decisions without first consulting your physician or other healthcare professional.

LICENSE

All content provided through the Services, including but not limited to designs, text, graphics, data, analyses, information, pictures, functionalities, menus, navigation, video, information, software, music, sound and other source files, and their selection, look-and-feel, arrangement, and corresponding source code (the "Services Content"), are the property of the Company or its licensors with all rights reserved. No Services Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, licensed, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below). Subject to your compliance with these Terms, you are granted a non-exclusive, non-transferable, non-sublicensable license to access and use the Services Content via the functionalities provided in the App and on the Site, solely for your personal use in connection with your use of the Services. You are solely responsible for obtaining Internet or data network access necessary to use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or device or that use of the Services will be uninterrupted or free from delays or malfunctions. Except for your own User Content (as defined below), you may not republish Services Content on any site or incorporate the Services Content into any other database or compilation. Any use of the Services or the Services Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and, without prejudice to any other rights available to Company, will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

REGISTRATION FOR THE SERVICES

For certain features of the Services, you’ll need a User account. To create an account you will need to provide a valid email address, phone number, and mailing address. You represent and warrant that the account information you provide is accurate and truthful, and you must update your account information as necessary. You must keep your account information confidential, as you will be held responsible for all activity on your account. By creating a User account and using the Services, you certify that you are 13 years old or older and have the capacity to understand these Terms of Use.

RESTRICTIONS ON USE

You agree not to use the Services to:

  • engage in any fraudulent or otherwise unlawful manner or in any other manner that could damage, disable, overburden or impair the Services; 
  • upload, post, transmit, share, store or otherwise make available any content that we deem (in our sole discretion) to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • upload, transmit, share, store, promote, or otherwise encourage suicide or self-harm;
  • upload, transmit, share, store, post, or otherwise make available information, strategies, methods or instructions that would assist people to engage in self-harm and suicide;
  • except where authorized by the Company, register for more than one User account, or operate a User account on behalf of or for the benefit of any person or entity who is not eligible to register for or operate a User account in their own name;
  • operate or otherwise utilize an account for any purpose prohibited by law or regulation, any activity which you are not duly authorized to conduct, or for any purpose prohibited by any other agreement between you and the Company;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with or authority to act on behalf of any person or entity;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another's account, service or system without authorization from that person and the Company, or create a false identity on the Services; 
  • decompile, disassemble, circumvent the security of, or derive the source code of the Services, or remove any proprietary notices contained in the Services’ code; or
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or its users to any harm or liability of any type;
  • (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services, (ii) reproduce, modify, create derivative works of, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by these terms of use, (iii) decompile, reverse engineer or disassemble the Services, except as may be permitted by applicable law;
  • use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
  • frame the Site or the App, utilize framing techniques to enclose any Services Content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages;
  • engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
  • use the Services to collect or derive any contact information of Users or upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Company member or third party;
  • use data provided by Company, provided in any manner whatsoever, for any competing uses or purposes; or
  • use the Services in any manner that violates applicable law or that could damage, disable, overburden, or impair these Services or interfere with any other party's use and enjoyment of these Services.

We may terminate, disable or throttle your access to, or use of, the Services at any time without notice for any reason, with or without cause at Company’s sole discretion.

The following provisions of these Terms of Use shall survive termination of your use or access to the Services: the sections concerning “User Content,” “Intellectual Property Matters,” “Disclaimers,” “Miscellaneous Terms,” and any other provision that by its terms survives termination of your use or access to the Services.

Geographic Restrictions

Company resides in and provides Services from the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

USER CONTENT

You are solely responsible for the information, photos, profiles, messages, notes, text, music, video, contact information for you or others, advertisements or other content that you upload, publish, provide or display (hereinafter, "post") on or through the Services (collectively the "User Content"). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, others.

By posting User Content on or through the Services, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, modify, create derivative works, reformat, translate, excerpt (in whole or in part) and distribute such User Content in connection with operating and providing the Services. You may remove your User Content from the Services at any time. If you choose to remove your User Content, the license granted above will not expire.

You represent and warrant that User Content and any materials of any kind submitted through your account or otherwise posted or shared by you through the Services will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material.

PAYMENT PROCESSING 

All purchases, charges, or transactions for the goods or services you receive through the Services (each a “Purchase” and collectively “Purchases”) are governed by these Terms. You agree (i) to provide accurate, current, and complete purchase and Account information for all Purchases, (ii) that the Company or a third-party payment processor such as the mobile application platform from which you downloaded the the App (the “Platform”) may retain such payment information in connection with any Purchase, and (iii) to be bound by the terms and conditions and privacy policy of our third party service providers for payment services. 

The Site may allow you to link or unlink certain payment methods such as a debit card to your Account. Money in your Account may be transferred out of the Site by manually transferring it to a debit card linked to your Account.

You hereby consent and authorize the Company to share any information and payment instructions you provide with one or more third party service providers so that we can complete your Purchases and contact you as needed. Unless otherwise stated, all prices for Purchases are in U.S. Dollars.

You agree to pay all charges at the prices then in effect for your Purchases plus any applicable fees. Further, you acknowledge and agree that prices for Purchases in certain geographical areas may increase substantially during times of high demand. Purchases will be inclusive of applicable taxes and fees where required by law. Purchases are final and non-refundable, unless otherwise determined by Company.

As between you and Company, Company reserves the right to establish, remove and/or refuse Purchases for any or all goods or services ordered or obtained through the use of the Services at any time in Company's sole discretion. Company will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for Purchases incurred under your Account regardless of your awareness of such Purchases or the amounts thereof. 

Company may restrict transactions to or from your account or limit access to funds in your Account in an amount and for a period of time Company deems necessary to protect us or others if (a) we are subject to financial risk; (b) you have violated any term of this Agreement; (c) you have pending chargebacks or you may have chargebacks; (d) any dispute exists involving your account; (e) needed to protect the security of our systems; (f) we suspect any unauthorized, fraudulent, suspicious, abusive, or unlawful activities; or (g) required by law or court order or if otherwise requested by law enforcement or any governmental entity.

Subscriptions

You will be responsible for payment of the applicable fee for Services (each, a "Service Subscription Fee") at the time you create your Account and select your monthly or annual subscription package (each, a "Service Commencement Date"). Except as set forth in the Agreement, all fees for the Services are non-refundable. No contract will exist between you and the Company for the Services until the Company accepts your order by a confirmatory e-mail or other appropriate means of communication.

 

Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a "Renewal Commencement Date") and continue for an additional equivalent period, at the Company's then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription before your Renewal Commencement Date. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact the Company or log in and go to the "Change/Cancel Subscription" page on your "Account Settings" page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Upon renewal of your subscription, if the Company does not receive payment, you agree that the Company may either terminate or suspend your subscription, and continue to attempt to charge your payment provider until payment is received.

 

 

Any free trial or other promotion that provides a registered user access to Services must be used within the specified time of the trial. At the end of the trial period, your use of Services will expire and any further use of Services is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact us to have the charges reversed.

 

PROMOTIONS & TRIALS

To redeem a coupon or voucher code, you must provide us with the requested coupon or voucher information. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable terms associated with each promotional offer (“Promotional Terms”). We reserve the right, in our sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. We reserve the right to change, amend, and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in our sole and absolute discretion. We do not guarantee that any promotional offers are or will be available to you at all, or in connection with any services desired by you. 

Any free trial or other promotion that provides a User access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Services will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee (if applicable). If you are inadvertently charged for a subscription, please contact us to have the charges reversed.

INTELLECTUAL PROPERTY MATTERS

Trademarks

The name UR A WarriorTM and other Company graphics, logos, slogans, trade names, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Copyright Complaints

We take claims of copyright infringement seriously. We will respond to notices of alleged copyrights infringement that comply with applicable law. If you believe that any material on the Services infringes upon any copyright which you own or control, you may request removal of those materials (or access to them) from the Services by submitting a written notification of such infringement to support@urawarrior.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. Section 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the App, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the App was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to support@urawarrior.com. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the App may be found) and that you will accept service from the person (or an agent of that person) who provided the App with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the App was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

MISCELLANEOUS TERMS

‍Links to Other Web Sites and Content

The Services may contain (or you may be sent through the Services) links to other websites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites or Third Party Content accessed through the Services, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of or linking to any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App or the Site and access the Third-Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the App or the Site.

Privacy

Company processes personal data in accordance with our Privacy Policy.  By using our Services, you consent to the practices stated in our Privacy Policy.

Disclaimers

Company and its affiliates, subsidiaries, providers and their respective members, managers, officers, directors, employees, agents, contractors, and licensors (collectively the "Company Parties") do not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Services Content and the Company Parties disclaim liability for errors or omissions in the Services Content.

THE SERVICES AND ALL OF THE SERVICES CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUIET ENJOYMENT. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SERVICES CONTENT. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Although we provide rules for User conduct and postings, we do not control and are not responsible for any User Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Services. The Company cannot guarantee and does not promise any specific results from use of the Services to obtain an advance.

The Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Services or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage to any User Content.

The Company reserves the right to change any and all content contained on the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

Limitation on Liability

IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR ANY OF THE SERVICES CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY PARTIES’ LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY OF THE SERVICES CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

Mandatory Arbitration

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE BY USING THE SERVICES. 

To the extent permitted by all applicable law, all disputes arising from or in connection with this Terms of Use shall be settled or resolved by binding arbitration under the Commercial Arbitration Rules (the “Commercial Rules”) of the American Arbitration Association (“AAA”), rather than in court. Except as otherwise explicitly provided in this Section, this broadly includes: any claims based in contract, statute, tort, fraud, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state, and local claims; and claims which arose before the date of these Terms of Use. 

The arbitration shall take place in New York, New York before a single neutral arbitrator appointed in accordance with the Commercial Rules.  The Commercial Rules are available at the AAA website: www.adr.org. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms of Use. If AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the Commercial Rules and procedures specified in this Section.

Either you or we can initiate arbitration through AAA, an alternative dispute resolution provider, or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. There is not a judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of these Terms of Use as a court would. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Disputes or controversies about the validity, enforceability, coverage or scope of this Section or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about the Terms of Use as a whole are for an arbitrator and not a court to decide. The arbitrator shall render a final decision pursuant to the Commercial Rules within thirty (30) days after filing of the claim. The final decision of the arbitrator shall be furnished to the parties in writing and shall constitute the conclusive determination of the issue in question binding upon the parties, and shall not be contested by any of them. Such decision may be used in a court of law only for the purpose of seeking enforcement of the arbitrator’s decision. The prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief that such party may be entitled. For purposes of these Terms of Use, the prevailing party shall be that party in whose favor final judgment is rendered or who substantially prevails, if both parties are awarded judgment.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Even if all parties have opted to litigate a claim in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Section. You and Company each agree that any disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Section. In addition, pursuant to the Commercial Rules, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed, or appealed to a different court, arbitration can be elected. If any portion of this Section is inconsistent with the Commercial Rules or other provisions of these Terms of Use, this Section shall govern. This Section shall survive termination of these Terms of Use and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. No portion of this Section may be amended absent a written agreement signed by all parties. If any portion of this Section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section, except that: (A) If the Class Action Waiver set out below is limited, voided or found unenforceable, then this Section (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Section prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have a preclusive effect in an arbitration between the parties to this Section.

Right to Opt Out 

If you do not want mandatory arbitration to apply to you, you must send Company a signed notice within 30 calendar days after you agree to be bound by these Terms of Use as described above. You must send the notice in writing (and not electronically) to You Are A Warrior, LLC Attn. "Terms of Use Mandatory Arbitration Opt Out", You Are A Warrior, LLC, 1013 Centre Road Suite 403S, Wilmington, DE 19805. You must provide your name, address, and phone number and state that you "opt out" of the Mandatory Arbitration Section within the Company Terms of Use. Opting out of this Mandatory Arbitration provision will not affect the other provisions of these Terms of Use. If you properly and timely opt out of Mandatory Arbitration as described herein, your opt out request will apply only to these Terms of Use and not any other agreement between us.

Class Action Waiver

You and Company each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, (a) no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Company and/or you individually.

Indemnity

You agree to indemnify, defend, and hold the Company and the Company Parties harmless from and against any loss, liability, claim, demand, damage, cost and expense, including reasonable attorney's fees, arising out of or in connection with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms of Use, any applicable law, or the rights of any third party.

Other Terms

These Terms of Use constitute the entire and exclusive understanding and agreement between Company and you regarding the Services, and these Terms of Use supersede and replace all prior oral or written understandings or agreements between Company and you regarding the Services. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. The Company may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. Other than the Company Parties, there are no third-party beneficiaries to these Terms of Use.

Notices

Any notices or other communications provided by Company under these Terms of Use will be given: (i) via email; or (ii) by posting to the Site or the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Contact Information

If you have any questions about these Terms of Use or the Services, please contact the Company at support@urawarrior.com.