THESE TERMS AND CONDITIONS OF SERVICE (“User Terms”, “Terms” or “Agreement”) are a contract between you (“User”, “you” or “your”) and [True Blue Car Wash LLC., a Delaware limited liability company], its subsidiaries and affiliates (“HyperShine” “us”, “we”, or “our”) and govern your access to or use of services made available through the HyperShine website located at www.hypershinecarwash.com and any mobile applications owned and operated by us. (collectively, the “Platform”). Please read these User Terms carefully before accessing and using the Platform.

BEFORE YOU PROCEED, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOU LAST USED THESE SERVICES.

THIS AGREEMENT INCLUDES AN AGREEMENT TO ARBITRATE CLAIMS AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ THE FOLLOWING TERMS CAREFULLY.

PLEASE READ THESE USER TERMS CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE WEBSITE AND SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SERVICE OR FEATURE OFFERED BY HYPERSHINE. IF YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE.

Services

HyperShine owns and operates car washes across the United States. All our services are wallet and schedule friendly, and are designed for people on the move. Most importantly, we show our planet some love with eco-friendly products and by using water responsibly. With our “FastPass”, HyperShine Car Wash provides you with the ability to keep your vehicle clean all month long. HyperShine offers unlimited car washes with the ultra-convenient FastPass. With a FastPass, you will receive access to HyperShine’s unlimited car washing and free vacuum service at any HyperShine location, nationwide. (Add more detail here on what the FastPass is and how it works)

All of the foregoing are collectively, and hereinafter referred to as our “Service(s)”.

Definitions

“User”: Whenever “User,” “You” or “Your” appears in copy it refers to you, as a user of the Services provided. A User is an individual who uses the Platform for any purpose.

“Content” is indicative of (but is not limited to) reviews, images, photos, video, location data, nearby places, and all other sources of information or data found on the Application or in the Services. “Your content,” or “User Content” refers to content that you, as a User, upload, share or pass to, through or in relation to the Services, such as, Reviews, profile information, recommendations, and any other details that you display or is displayed in your FastPass Account.

Acceptance of User Terms

By accessing and/or using the Platform, you accept and agree to be bound by these User Terms, just as if you had agreed to these User Terms in writing. If you do not agree to these User Terms, do not use the Platform. These User Terms are effective for all existing and future Users. Access to or use of the Platform establishes a legally binding agreement between you and HyperShine. You will not be able to use the Platform or access the Services if you do not accept the User Terms or are unwilling or unable to be bound by these User Terms. Once you accept these User Terms, you agree that the use of the Platform and the Services is at your own risk, including the risk of being exposed to content that could be considered objectionable or inappropriate.

Amendments to these User Terms

At any point in time, HyperShine may make, amend, modify, or change these User Terms. You are responsible for reviewing and checking these User Terms periodically. Any continued use of the Platform or the Services after a modified version of these User Terms is posted, is considered an acceptance to such amended or modified User Terms and you agree to be bound by such amended or modified User Terms.

Opening a FastPass Account

In order to use our car washes, you are not required to create a FastPass Account (as defined below), however, we may ask our Users for personal information when you register for a FastPass on our Platform (each a “FastPass Account”). FastPass Accounts are intended for personal use only and you further acknowledge and agree that we are relying on the accuracy of your information to provide certain Services.

The Platform may allow Users to create a FastPass Account by logging into the Service via third party social networking sites, like Facebook. By doing so, you are confirming that you are the owner of any of these third-party social media accounts and that you are entitled to disclose your social media login information to us. You are giving us permission to collect your authentication information and other information that may be available on or through your social media account.

Payment for Your FastPass Account

By purchasing your FastPass, you understand that your credit card will be automatically charged each month until the FastPass Account is cancelled or terminated. No prior notification of such charges will be provided unless billing dates or amounts change, in which case we will provide at least thirty (30) days’ notice prior to payment being collected. However, if we increase the monthly FastPass fees by ten (10%) percent or less, you waive any written notice of such increase to the amount of the recurring monthly charge. You can find a schedule of fees at any HyperShine location or by emailing help@hypershinecw.com.

Use of Your FastPass Account

Access to all HyperShine Car wash facilities with your FastPass will be administered through a Radio-Frequency Identification sticker (“RFID Sticker”). Your RFID Sticker will be applied to your vehicle’s rear view mirror or windshield and must be applied by a HyperShine Car Wash employee. Tampering with your RFID Sticker in any way may result in cancellation of FastPass Membership.

In the event that you misrepresent information about yourself, your FastPass Account is subject to suspension or cancellation without notice to you. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that we may have, both at law and in equity.

Account Information; Submission of Content

You, as a User, must ensure that all personal information submitted with regard to your FastPass Account is accurate and current at all times. You may not include in your online identity or FastPass Account anything that could potentially infringe on any third-party’s rights, is intended to confuse, or which is offensive, defamatory or otherwise inappropriate, as determined by us, in our sole and absolute discretion. We further reserve the right to change or delete information in a FastPass Account if we deem it is offensive, in our sole and absolute discretion. Users agree that they are each responsible for everything which is done on or through our platform through or in connection with their FastPass Account, including but not limited to any activities while using the Platform. Users must ensure that your e-mail address on file is kept current and that you have full access to it. By using the Platform, you expressly consent to electronic communications. Please see our Privacy Policy, which you agree to be bound by when you use our Platform, for more information.

Consumer Consent

In accordance with our Privacy Policy, we may use the information that you have provided to us to communicate with you. You have a choice in how we communicate with you. You may opt in to receive emails or text messages to the e-mail address or mobile number you provide to us. When you opt in to any of these types of communications, you understand and consent that you will receive marketing, news, and other messages from us.

Electronic Communication

Both online through your FastPass Account and in physical HyperShine locations, HyperShine allows our customers to opt-in to receive electronic communication containing updates, new promotions, discounts, and free wash coupons HyperShine may need to provide you with certain communications, notices, agreements, billing statements, or disclosures in writing (“Communications”) regarding your FastPass Membership or other products or services. Providing your e-mail address and accepting these Terms and Conditions confirms your ability and consent to receive Communications electronically, rather than in paper form. To withdraw your consent to receive electronic Communications, please write us by e-mail at help@hypershinecw.com with the subject line: “Unsubscribe from Electronic Communications.” In addition, our communications themselves may include the opportunity to opt out. For example, our e-mails include an unsubscribe link.

The Communications that you receive may include links to third-party websites, such as EZ Texting® and Mailchimp®. Except where we post, link to, or expressly adopt or refer to these User Terms, these User Terms do not apply to, and we are not responsible for, any personal information practices of EZ Texting®, Mailchimp®, or any such third-party website and online service. To learn more about the personal information and privacy practices of EZ Texting® and Mailchimp®, please see their respective privacy notices.

Text Messages

Both online through your FastPass Account and in physical HyperShine locations, HyperShine allows our customers to opt-in to receive automated text messages containing new promotions, discounts, and free wash coupons. By checking the opt-in box in your FastPass Account, or by electing to receive text messages at a physical HyperShine location, you agree to receive text messages until you tell us to stop sending them. In addition, by opting in, you agree to the user terms and privacy policy of EZ Texting®.

If your rate plan charges you for each text, then you will be charged by your carrier for these text messages from HyperShine at your normal rate. To stop receiving our text messages simply reply STOP to any text message or text STOP to 313131. One final message will be sent to your number confirming the cancellation, but no more messages will be sent after that one.

For support or information about HyperShine’s text message program, you may e-mail us at help@hypershinecw.com.

HyperShine will never, under any circumstances, sell or distribute your cell phone number to third parties. HyperShine will never directly market to you any services for which you have not opted in, either by cell phone, text message or email. HyperShine will never distribute any personal information about you, including your phone number, name, billing information or any other piece of identifying information. Please see our Privacy Policy for more information.

Managing your Preferences

If you have a FastPass Account you can opt-out of e-mail or SMS messaging by toggling the selections in your account. Or, if you previously selected to receive e-mails from us, you can log in to your FastPass Account and follow the directions to change the communications that you receive.

You agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you will still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each type of communication. Additionally, even if you have opted out of receiving e-mail marketing messages, you understand and agree that we may continue to send you e-mail messages concerning your orders or services paid for through the Platform or at any HyperShine location.

The Platform may offer opportunities for you to transmit content via third-party social networking websites and products. Any use of third-party social networking features is subject to the terms of use of the applicable third-party website or product and not these User Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

In order to use the Platform or access the Services, you hereby represent and warrant that you are are able to completely understand, agree, and accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in these User Terms. You further agree that you are fully in compliance with all the laws and regulations in the country that you reside and live in when you access and use the Platform and the Services. You agree to use the Service only in agreement with these User Terms and applicable law, and in a manner that does not violate our legal rights or the rights of any third-party(ies).

Each FastPass is exclusively limited to one (1) vehicle. Taxis, limos, app-based transportation services (including, but not limited to Uber and Lyft) and other professional transportation vehicles are prohibited from creating a FastPass Account, without the prior express permission of HyperShine. Please contact us at help@hypershinecw.com for more information about corporate memberships. HyperShine may terminate a FastPass Account upon violation of these Terms and Conditions.

Your FastPass Membership cannot be combined with other offers, discounts, prepaid washes or gift cards. FastPass Membership is transferable upon purchase of a new vehicle and upon notice to HyperShine Car Wash. HyperShine Car Wash reserves the right to close stores due to inclement weather, holidays, equipment maintenance, and/or store upgrades.

The Service is not intended for individuals who are under the age of sixteen (16) years old. IF YOU ARE UNDER 16 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. HyperShine does not seek to gather information from or about children under the age of 16 through the Service.

If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform (“Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Platform. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Platform or Services for any purpose.

Subject to the payment for any and all fees due to HyperShine, you can delete or suspend your FastPass Account at any time by contacting us, as further set forth below. The foregoing notwithstanding, these User Terms will survive the termination or suspension of your FastPass Account.

Cancellations must be received at least seven (7) days prior to the next billing date. If you fail to cancel your FastPass Account within seven (7) days of your next billing date, you may be charged for that month and the cancellation will not take effect until the following billing cycle. No refunds or credits will be given for partial periods. To cancel your FastPass Account, you may use the Website, see a HyperShine representative at any HyperShine location or email us at help@hypershinecw.com. No third-party cancellations will be accepted.

You understand and agree that, at any time and without prior notice, we may (1) terminate, and/or suspend your access to the platform, (or any portion thereof) and/or (2) discontinue, modify or alter any aspect, feature or policy of the Platform, the Services or your FastPass Account and (3) remove and discard any and all of your registration data on the Platform, at any time for any reason or no reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with these User Terms. Upon any termination, we may immediately deactivate your FastPass Account and all related information and/or bar any further access to your FastPass Account and your use of the Platform or the Services.

You agree that we will not be liable to you or any third party for any termination or modification to the Platform, the Service or your FastPass Account regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of Service made by us is to cancel or terminate your FastPass Account. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your FastPass Account and all related data and files related to your FastPass Account and/or bar any further access to such files or the Services. Further, you agree that we shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Platform or the Services. All provisions of these User Terms should survive termination of your right to use the Platform and/or the Services (including, without limitation, all limitations on liability, releases, indemnification of obligations, disclaimers of warranties, and intellectual property protections and licenses).

All information provided by you or collected by HyperShine, in connection with the Platform is governed by our Privacy Policy, which is hereby incorporated by reference into these User Terms. You should take care to protect private information or information that is important to you. HyperShine shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the internet or any other network that you may use. Please be aware that if you decide to disclose Personally Identifiable Information on the Platform, this information may become public. HyperShine does not control and shall not be responsible for the acts of you or any other Users of the Platform.

HYPERSHINE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT POSTED OR THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

THE CONTENT ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. HYPERSHINE DISCLAIMS LIABILITY FOR ANY INFORMATION THAT BECOMES OUTDATED. HYPERSHINE HAS THE RIGHT TO MAKE MODIFICATIONS/CORRECTIONS TO ANY PART OF THE CONTENT ON THE WEBSITE, WITHOUT NOTIFYING THE USER PRIOR TO MAKING SUCH CHANGES, MODIFICATIONS OR CORRECTIONS.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, YOUR INTERACTIONS VIA THE WEBSITE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HYPERSHINE, WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HYPERSHINE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, PLATFORM, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HYPERSHINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HYPERSHINE OR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUCCESSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ROVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL HYPERSHINE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF THE AMOUNTS PAID TO HYPERSHINE BY YOU IN THE PRECEDING 12 MONTHS OR ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

To the fullest extent permitted by law, you agree to release, defend, indemnify, and hold HyperShine and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or Service; (b) your violation of these User Terms, any representation, warranty, or covenant referenced in these Terms, or any applicable law or regulation; (c) your Content; (d) your interaction with any User; (e) the use or offer of a Service, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Service; (f) your participation in the Service; (g) any allegation that you have infringed or otherwise violated the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (h) your negligent or willful misconduct, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising therefrom.

We reserve the right to change these User Terms from time to time, and post the new version on our Platform. The new version of these Terms will take effect on (a) the date falling five (5) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of these Terms which is capable of adversely affecting you, or (b) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (i) changing the name that you use to access our Platform, or (ii) the refinement of provisions that are already included or referred to in these Terms. In either case, if you do not wish to be governed by the new version of these Terms, you must send us a termination notice and immediately cease to use our Platform. We shall not have any liability to you in such an event. In the event of a termination of these User Terms, your obligations to us hereunder shall survive.

Our Platform may contain links to or advertisements for other sites, services or products (“Third-Party Products”). Third Party Products are provided solely as a convenience to you and may contain materials which you find offensive, objectionable, unlawful or inaccurate. Such Third-Party Products are governed by their own terms of use and privacy policies which may differ from these Terms or those of our Platform. The inclusion of links to Third-Party Products does not indicate that we endorse those products or services. We are not responsible for examining or evaluating the content of Third-Party Products.

We, our affiliates or contracted third parties may also offer new, updated or additional services (“Additional Services”) through our Platform from time to time. Your use of those Additional Services will be governed by these Terms but may also be subject to additional terms and conditions, which will be posted from time to time and with which Users must comply. By continuing to use our Platform, you expressly consent to any additional terms and conditions associated with the Additional Services.

THIS AGREEMENT INCLUDES AN AGREEMENT TO ARBITRATE CLAIMS AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ THE FOLLOWING TERMS CAREFULLY.

These User Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Delaware, United States of America, without regard to choice or conflicts of law principles. Further, you and HyperShine agree to the jurisdiction of the Courts of the state of Delaware to resolve any dispute, claim, or controversy that relates to or arises in connection with the User Terms (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration hereunder.

This Arbitration Agreement applies only to users in the United States. You and HyperShine agree that any dispute, claim, or controversy between you and HyperShine arising in connection with or relating in any way to these Agreements or to your relationship with HyperShine as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and HyperShine further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

Notwithstanding the clause above, you and HyperShine both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

YOU AND HYPERSHINE 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 ACTION. Unless both you and HyperShine agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Either you or we may start arbitration proceedings. Any arbitration between you and HyperShine will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and HyperShine agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. HyperShine can also help put you in touch with the AAA.

Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $5,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

If you choose to file an arbitration proceeding, you will be responsible for any filing fees. Each party will share equally in any arbitration fees, including the arbitrator’s compensation, unless otherwise required by AAA rules or court order. 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 fourteen (14) days of the arbitrator’s ruling on the merits.

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). HyperShine’s address for Notice is: Attn: EROP, LLC 2390 E. Federal Dr. Decatur, IL 62526. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) 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 thirty (30) days after the Notice is received, you or HyperShine may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or HyperShine shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of HyperShine last written settlement offer, then HyperShine will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described above shall govern any claim in court arising out of or related to the Agreements.

If any part of these User Terms is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these User Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

You may not assign or transfer these User Terms or any of your rights or obligations under these Terms. HyperShine may assign these User Terms at any time without notice to you.

In no event shall HyperShine or third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of interruptions of service caused by an act of God, terrorism, accident, fire, labor controversy, riot, civil commotion, act of public enemy, law, enactment, rule order, or act of any government or governmental instrumentality, failure of technical facilities, failure or delay of transportation facilities, illness or incapacity, or other cause of a similar or dissimilar nature not reasonably within the control of HyperShine or which HyperShine could not by reasonable diligence have avoided (each such act specified in this paragraph shall be referred to herein as a “Force Majeure Event”). HyperShine shall not be responsible for reimbursing any fees paid.

The Platform is currently in compliance with all presently applicable provisions of the Americans with Disabilities Act, as amended, and the Web Content Accessibility Guidelines (WCAG) 2.0, except for any such non-compliance that could not reasonably be expected, individually or in aggregate. While HyperShine is constantly monitoring our compliance with these regulations and guidelines, please contact us, as further set forth below, if you have any issue using an ADA or WCAG accessible feature of the Platform.

If you have any questions or comments, or to report violations of these Terms, please contact us by e-mail at: help@hypershinecw.com.

Address:

EROP, LLC

2390 E. Federal Dr.

Decatur, IL 62526

Last Updated: August 12, 2020