IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE, PRODUCTS, SERVICES, AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF CONSUMER AI PROTECTION ADVOCATES AND ITS AFFILIATES (“CAIPA”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

These terms and conditions (“Terms”) cover the use of all websites, mobile applications, social media sites, or other services controlled by Consumer AI Protection Advocates (“CAIPA”) that reference these Terms (the “Services”). By accessing and using any portion of the Services or registering on the Services, you agree to the Terms below and to the collection, use and disclosure practices as well as other activities described in the Consumer AI Protection Advocates Privacy Policy. If you are an employee or representative of a business, you represent you have the right to agree and do agree to these Terms on behalf of the business.

By visiting CAIPA’s website (“Site”), or any page of the Site and/or by using any CAIPA Services you demonstrate that (i) you have read these Terms; (ii) you understand them; (iii) you agree and acknowledge that these Terms constitute a binding contract between you and CAIPA and you will comply with an be bound by these Terms of Use, whether or not you complete the registration process or create a CAIPA account. If you do not agree with any of these Terms please do not continue using the Services.

In some instances, both these Terms and separate terms independently agreed to with CAIPA (which may be online or offline) or found elsewhere on the Services will apply to your use of the Services (“Additional Terms”). For example, if you are an employee or representative of a business using a business-to-business focused product, your employer may have a separate agreement with CAIPA governing the use of that product. To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

The terms “you” or “User” refer to the person who completed the registration process, any visitor to the Services, or any user of the Advocacy Services (defined below). CAIPA reserves the right to change the Terms of this Agreement. Change will be posted on the Site. If any of these changes are unacceptable, please do not continue using the Services. Use of the Services following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.

• Definitions

The Services contain two types of content:

1. “Consumer AI Protection Advocates’ Own Content” means any information, intellectual property, works of authorship, creative content, data analytics, reviews, surveys, images and any other documents and/or materials entered into the Services by employees and/ or authorized representatives of CAIPA.
2. “Other Content” means any other information entered into the Services by Users or other persons (further defined in Paragraph 8 below).

• Use of Site

CAIPA hereby grants you a limited, non-exclusive, non-transferable, non-assignable, personal, revocable license to access and use the Services under the Terms described in this Agreement and only for your personal use. You agree that your use of the Services must be in a manner that is consistent with all applicable laws and, if applicable, the Additional Terms. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Consumer AI Protection Advocates’ Own Content or Other Content; and (ii) may be suspended or terminated for any reason, in CAIPA’s sole discretion, and without advance notice or liability. For example, Consumer AI Protection Advocates’ Own Content is often in the form of Expert Reviews. Such Expert Reviews are proprietary works of authorship and no portion of those reviews may be reproduced, distributed, publicly displayed, or used for a derivative work without CAIPA’s written permission. Your unauthorized use of Consumer AI Protection Advocates’ Own Content or Other Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in the suspension or termination of this Agreement, your personal liability for infringement, false advertising, unfair competition, including potential criminal liability, and may subject you to monetary fines, penalties and/or damages.

The User may, free of charge and on an occasional basis, make a single copy in paper form of an individual article appearing on a publicly available portion Service for personal, non-commercial use provided the User includes all copyright and other proprietary rights notices and disclaimers that appeared on the original and includes a notice indicating that CAIPA is the source of the material. For all other uses, including press releases, please contact CAIPA at info@thecaipagroup.com for information or instructions. License Fees related to any other use of Consumer AI Protection Advocates’ Own Content and/or Other Content are determined by the extent of use and are in CAIPA’s sole discretion.

• Advocacy Services

• Use of Advocacy Services

This Section applies to your use of Advocacy Services provided by CAIPA (“Advocacy Services”).

Such Advocacy Services include without limitation: (i) any survey or study offered, provided, hosted, or administered by or through CAIPA (“Survey”); (ii) any submission of written, audio, and/or video content (“Submission”); (iii) any product testing, regardless of location, offered, provided, hosted, or administered by or through CAIPA (“Product Testing”); (iv) any CAIPA mobile application (“App”); and (v) any other services offered, provided, hosted, or administered by or through CAIPA.

If you participate in the Advocacy Services, you understand and agree that CAIPA has the right to use your information including your Submission, in any manner CAIPA desires, to assist with CAIPA’s AI advocacy-related services. You acknowledge and agree that nothing in these Terms creates any obligation on the part of CAIPA to communicate with any manufacturers, retailers, or other third parties whose products/services are the subject of a Survey or Product Testing. We are not responsible for repairing, replacing, or improving any such product or service, and it is your responsibility to communicate with such third parties directly for those purposes.

You acknowledge and agree that participation in the Advocacy Services is voluntary. By participating in the Advocacy Services, you agree to receive invitations to participate in the future. Additionally, CAIPA may provide you with the opportunity to communicate with other Advocacy Services participants and/or CAIPA.

As part of your access to, use of, and/or participation in the Advocacy Services, you may be required to disclose certain personally identifiable information (“PII”) to CAIPA. You agree to provide truthful information, and acknowledge and agree that CAIPA may use the information in accordance with the Consumer AI Protection Advocates Privacy Policy, including as necessary to cooperate with legal disclosure requests (e.g., a court order or subpoena).

You acknowledge that you are accessing, using, and/or participating in the Advocacy Services voluntarily with or without compensation, as the case may be, and that no agency, partnership, join venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

• Restricted Content

In connection with your use of, access to, and/or participation in the Advocacy Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to CAIPA or CAIPA’s clients, partners, or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content, and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of CAIPA or the owner of the Restricted Content. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to CAIPA, CAIPA reserves the right to terminate, prohibit, or restrict your use of, access to, and/or participation in the Advocacy Services.

Additionally, and without limiting the foregoing, you acknowledge and agree that CAIPA considers any research conducted for CAIPA and the information that is related to that research, including but not limited to any Surveys, Product Test materials, questionnaires, and the responses of you or any other Advocacy Services participant (collectively, the “Research”), to be Restricted Content. In consideration of your being permitted to participate in the Research, you agree that: (i) you will not disclose the Research, including your responses and comments and any ideas that are discussed and/or generated as a result of your participation in the Research (collectively, “Your Responses”), to anyone other than CAIPA; (ii) you will not, unless expressly permitted by CAIPA, use any audio and/or visual recording devices during Research; (iii) all right, title, and interest in the Research and the results thereof, including, for example, all copyrights, trademarks, patents, and other intellectual property rights, are owned by CAIPA, and CAIPA has not granted you any right, title, or interest in the Research or the results thereof, or any portion of either; (iv) if ownership of Your Responses does not for any reason vest in CAIPA, you then irrevocably transfer and assign all of your right, title, and interest in Your Responses to CAIPA; and (v) CAIPA may, in any manner that it desires, use Your Responses as it sees fit, including but not limited to sharing Your Responses with others.

• Accounts

If accessing content that requires registration, only one person at a time may access the Services using the User’s screen name and password without the prior consent of CAIPA. When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party, and (v) immediately notify CAIPA of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and CAIPA is not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

If you believe your Username and password have been used to access the Services without your authorization, please contact CAIPA at: info@thecaipagroup.com.

We may terminate your account and your access to the Services if you violate these Terms, Additional Terms, or applicable law, or the rights of another person, or for any other reason in our sole discretion. If this happens, any license granted to you in connection with the Services is terminated immediately, and you will not be entitled to any refunds. We also reserve the right to terminate any other accounts you may create or have created.

• Restrictions and Ownership

You may not use the Services unless you are at least sixteen (16) years old.

You acknowledge that any and all Services, Consumer AI Protection Advocates’ Own Content and Other Content contain copyrighted material, trademarks, and other proprietary information. Consumer AI Protection Advocates’ Own Content, Other Content and Services, including the content and the organization, layout, arrangement and design elements of the Site and each individual page of the Site, and any and all intellectual property relating either directly or indirectly to the Services, Consumer AI Protection Advocates’ Own Content and Other Content, including but not limited to patents, design rights, copyrights, trademarks, service marks, database rights (including, but not limited to information provided by you), trade secrets, know-how and all derivative works thereof (collectively, “Intellectual Property”), are and will remain the property of CAIPA or its affiliates and are protected by United States and international copyright, trademark and other applicable intellectual property laws. Except as expressly permitted in this Agreement, you shall not reproduce, transmit, publicly display, distribute or use for a derivative work any of the Intellectual Property without CAIPA’s written permission. You may not in any manner attempt to obtain any right, title, or interest, by registration, patent, copyright, trademark or otherwise in or to such Intellectual Property or any derivative thereof. You shall not take any action that jeopardizes, limits or interferes with CAIPA’s or its affiliates’ ownership of and/or right to use the Intellectual Property. You may not commingle any portion of the Services, Consumer AI Protection Advocates’ Own Content or Other Content with any other information and shall not edit, modify or alter any portion thereof. Further, you shall honor any and all reasonable requests by CAIPA to protect CAIPA’s proprietary interests in the Intellectual Property.

All product or service offerings names identified by ®, ™ or (SM) symbols or appearing in a type form different from that of the surrounding text – e.g. in bold or italics – are trademarks, trade names and service marks owned by or licensed to CAIPA (unless otherwise identified as being owned by another entity) and are subject to state, federal, and/or international trademark protection. Unless expressly authorized by CAIPA, you may not use any trademark, trade name or service mark that you access through any Service with any product or service that is not provided by CAIPA, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit CAIPA and/or its licensors and affiliates.

In addition, User may not:

1. use the Services for any purpose that is prohibited by any law or regulation, that is harmful, offensive, sexually explicit, obscene, violent, threatening, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to CAIPA, or to:
2. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, harvest, or monitor any portion of the Services, any data or content found on or accessed through the Services, or any other Service information without prior express written consent of CAIPA;
3. obtain or attempt to obtain through any means any materials or information on the Services that has not been intentionally made publicly available either by public display on the Services or through accessibility by a visible link on the Services;
4. violate any measure employed to limit or prevent access to the Services or its content;
5. violate the security of the Services or attempt to gain unauthorized access to the Services, data, materials, information, computer systems or networks connected to any server associated with the Services, through hacking, password mining or any other means;
6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
7. interfere with, attempt to interfere with or otherwise disrupt the proper working of the Services, any activities conducted on or through the Services or any servers or networks connected to the Services, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Services;
8. take or attempt any action that, in the sole discretion of CAIPA, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or the infrastructure of the Services;
9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;
10. disobey any requirements, procedures, policies or regulations of networks connected to the Services;
11. use the Services to stalk, intimidate or harass another;
12. use the Services for any political purpose or commercial purpose not explicitly authorized by CAIPA;
13. reverse engineer or modify the Services, Consumer AI Protection Advocates’ Own Content or Other Content;
14. infringe any intellectual property right, right of privacy, right of publicity or other right of any third party;
15. use the Services, Consumer AI Protection Advocates’ Own Content or Other Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you;
16. use any Consumer AI Protection Advocates’ Own Content or Other Content or any other data or content found on or accessed through the Services to train, improve, directly or indirectly, any artificial intelligence or model or product (including a deep learning or machine learning model or product); or
17. otherwise violate these Terms or any applicable Additional Terms.

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Services, Consumer AI Protection Advocates’ Own Content and Other Content.

• Availability

CAIPA may suspend or terminate the availability of the Services, Consumer AI Protection Advocates’ Own Content and Other Content, in whole or in part, to any individual user or all users, for any reason, in CAIPA’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from CAIPA, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services, Consumer AI Protection Advocates’ Own Content and Other Content.

• Reservation of Rights

All rights not expressly granted to you are reserved by CAIPA and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Services, Consumer AI Protection Advocates’ Own Content or Other Content for any purpose is prohibited.

• The User’s Content

The User grants to CAIPA the non-exclusive, unrestricted, unlimited, worldwide, irrevocable, perpetual, transferrable, and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing with all or any portion of the material entered in the Services by the User (other than third-party material transmitted through private electronic mail) (“Other Content”) for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. The User further irrevocably grants CAIPA the right, but not the obligation, to use the User’s name in connection with the User’s Other Content. The User also agrees to waive any right of approval or inspection for CAIPA’s use of the rights granted herein and agrees to waive any moral rights that the User may have in any Other Content, even if it is altered or changed in a manner not agreeable to the User. To the extent not waivable, the User irrevocably agrees not to exercise such rights in a manner that interferes with any exercise of the granted rights.

The User understands that the User will not receive any fees, sums, compensation, consideration, or remuneration for any of the rights granted in this Section. CAIPA’s receipt of the User’s Other Content is not an admission of their novelty, priority, or originality, and it does not impair CAIPA’s right to existing or future intellectual property rights relating to CAIPA’s Own Content. The User waives any and all rights and claims in connection with CAIPA’s consideration, use, or development of any product, content, works of authorship or other materials similar or identical to the User’s Other Content now or in the future.

Users entering Other Content into the Services are responsible for the content of that Other Content. CAIPA has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Services. However, CAIPA retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content, which CAIPA deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.

The User represents and warrants that the User owns or has the necessary rights, licenses, consents, and permissions to grant CAIPA the rights granted in this Section. The User alone, though, retains whatever legally cognizable right, title, and interest that the User has in their Other Content and remains responsible for them.

You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through the Services that:

1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of CAIPA, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
2. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
3. makes available any information that is considered under any law or under any contractual or fiduciary relationships to be inside information, proprietary and/or confidential information that is learned or disclosed as part of employment relationships or under nondisclosure agreements;
4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including right of privacy and publicity;
5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; and/or
6. is harmful to minors.

If you see any violations of these terms and conditions on the Services, please e-mail us at info@thecaipagroup.com.

• Copyright Infringement

• DMCA Notification

CAIPA responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide CAIPA’s designated agent with the following written information:

• A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
• Your contact information, including your address, telephone number, and an e-mail address;
• A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

CAIPA’s designated agent may be reached at info@thecaipagroup.com

You can obtain further information from the Copyright Office’s online directory at https://www.copyright.gov/dmca-directory/.

CAIPA will respond to notifications of claimed copyright infringement in accordance with the DMCA.

• Counter Notification

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to CAIPA’s designated agent with the following written information:

• A physical or electronic signature;
• 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 to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which CAIPA may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

CAIPA will respond to counter notifications in accordance with the DMCA.

• Subscriptions and Products

Certain areas of the Services require payment before you can access them, including some on a subscription basis (“Subscriptions”). Subscriptions can be purchased by paying a monthly subscription fee. When you register for a Subscription, you get access to the premium areas of our Service. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND CAIPA WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Your payment will automatically renew at the end of the subscription period, unless you cancel your Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. CAIPA may change the price for the Subscriptions, from time to time, by posting the new price on the Services. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional Terms may apply.

From time to time, CAIPA may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). CAIPA will require you to provide your payment information to start the Trial. UNLESS YOU CANCEL YOUR TRIAL THROUGH YOUR SUBSCRIPTION PAGE BEFORE THE END OF THE TRIAL, CAIPA WILL AUTOMATICALLY CHARGE YOU FOR A SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A REOCCURRING MONTHLY BASIS. Your Subscription will be subject to the terms set forth in this Section.

CAIPA does its best to describe every product or service offered on CAIPA as accurately as possible. However, the employees of CAIPA are human, and therefore CAIPA does not warrant that product specifications, pricing, or other content on CAIPA is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, CAIPA shall have the right to refuse or cancel any orders in its sole discretion. If CAIPA charged your credit card or other account prior to our cancellation, CAIPA will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from CAIPA is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.

All physical products purchased from CAIPA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

• Customer Support

If you have any questions or comments, please send an e-mail to info@thecaipagroup.com. You acknowledge that the provision of support is at CAIPA’s sole discretion and that CAIPA has no obligation to provide you with customer support of any kind. All legal notices to CAIPA must be mailed to info@thecaipagroup.com. When you communicate with CAIPA electronically, you consent to receive communications from CAIPA electronically. You agree that all agreements, notices, disclosures, and other communications that CAIPA provides to you electronically satisfy any legal requirement that such communications be in writing.

• Data Processing

Please review the Consumer AI Protection Advocates Privacy Policy for a description on how CAIPA collects, uses, and shares information about you as well as your rights and choices about such collection, use and sharing. By using the Services, you acknowledge and agree to our data practices.

• Third Party Websites

In connection with your use of the Services, you may be able to link or connect voluntarily to websites or services maintained and/or operated by third parties (“Third Party Websites”). We may also integrate third party technologies into the Services and host Consumer AI Protection Advocates’ Own Content on Third Party Websites. These Third Party Websites are not owned, controlled, or operated by CAIPA, nor does CAIPA endorse any Third Party Website or any products, services, or opportunities advertised, offered, or sold by, through, or in connection with any Third Party Website (“Third Party Information”). CAIPA does not make any representations or warranties regarding Third Party Websites or third party information. You acknowledge and agree that CAIPA is not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Websites, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Website, you do so on your own risk. Please carefully review all policies and terms applicable to Third Party Websites.

• Communications

Emails: You can opt-out of receiving promotional e-mails or surveys from CAIPA at any time by following the instructions as provided in e-mails or surveys, clicking on the unsubscribe link, or e-mailing CAIPA at: info@thecaipagroup.com with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or CAIPA’s ongoing business relations.

• Agreement to Arbitrate Disputes and Choice of Law

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OF LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

• Definitions

“AAA” means American Arbitration Association (www.adr.org).

“AAA Rules”, means the AAA rules, including AAA’s Consumer Arbitration Rules (as applicable), then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/.

“Notice of Dispute” or “Notice” means a notice of Dispute from you to any CAIPA Party.

“Notice Address” means info@thecaipagroup.com, to which a Notice of Dispute from you to CAIPA Parties must be emailed.

“Opt-Out Notice” means the written opt-out notice to opt out of the Arbitration Agreement.

“Opt-Out Period” means within 30 days from the date that you agreed to these Terms.

• Mandatory Individual Arbitration.

Any Dispute if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and CAIPA Parties each retain 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 IP rights. Any legal action by CAIPA Parties against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.

To the fullest extent permissible by applicable law, all claims against CAIPA Parties, including but not limited to claims arising out of or relating in any way to the Services or the Terms, must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.

If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in California, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of California, without regard to choice of law or conflict of law provisions.

• Class Action/Jury Trial Waiver

You and CAIPA Parties agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and CAIPA Parties may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and CAIPA Parties may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party.

Unless both you and CAIPA Parties agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and CAIPA Parties shall be deemed not to have agreed to arbitrate Disputes.

To the extent that any claims are allowed to proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in California.

Notwithstanding the foregoing, you or CAIPA Parties may participate in a class-wide settlement.

• Opt-Out Procedures.

To opt out of this Arbitration Agreement, you must send us a written Opt-Out Notice by email at info@thecaipagroup.com within the Opt-Out Period. The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. In other words, opting out of this Arbitration Agreement shall have no effect on any previous, other, or future arbitration agreements you may enter into with CAIPA Parties. As stated above, if you do not opt out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of CAIPA Parties’ arbitration agreements and class action provisions. If you timely provide CAIPA Parties with a valid Opt-Out Notice, all Disputes shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in California.

• Rules and Governing Law.

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and CAIPA Parties each agree to send the other party a written Notice of Dispute. A Notice of Dispute from you to CAIPA Parties must be emailed to the Notice Address. Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Services, including whether claimant receives any emails associated with the Services, whether claimant has made a purchase from CAIPA Parties, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. CAIPA Parties will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.

After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and CAIPA Parties have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and CAIPA Parties each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Claims through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.

All Disputes shall be submitted to AAA, for arbitration before one (1) arbitrator. The arbitration will be administered by AAA in accordance with the then-current AAA Rules, except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. A form for initiating arbitration proceedings is available on AAA’s website at https://www.adr.org/forms. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the claim to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact AAA at customerservice@adr.org.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the FAA, will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and the AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of California, without regard to choice of law or conflict of law provisions.

At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and CAIPA Parties agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the AAA Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriately represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with AAA, and/or the arbitrator to address the apportionment of the arbitrator’s fees.

Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Requirement of Individualized Relief: The parties agree that the arbitrator is authorized, upon either party’s request, to award declaratory or 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 any of the prohibitions on non-individualized declaratory or injunctive relief, class, representative, and private attorney general claims, or consolidation set forth under this Arbitration Agreement are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then, after exhaustion of all appeals, the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.

• Opt-Out of Future Changes to Arbitration Agreement.

Notwithstanding any provision to the contrary, if CAIPA Parties make any future change to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), you may reject any such change by sending CAIPA Parties an email to info@thecaipagroup.com within thirty (30) days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from CAIPA Parties. It must include a statement, personally signed by you, that you wish to reject the specified change to the Arbitration Agreement. This is not an opt out of arbitration altogether.

• Severability and Survival.

If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth in subsections 15(D) and 15(F) above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with CAIPA Parties.

• Disclaimer of Representations and Warranties

ALL THE INFORMATION CONTAINED IN THE SERVICES, INCLUDING ALL INFORMATION, SURVEYS, DATA ANALYTICS, PRODUCT TESTING, CONTENT, MATERIAL AND COMMENTARY IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. THE SERVICES MAY CONTAIN ADVICE, OPINIONS AND STATEMENTS OF VARIOUS INFORMATION AND CONTENT PROVIDERS. HOWEVER, THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. NEITHER CAIPA NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS OR THEIR THIRD PARTY LICENSORS (COLLECTIVELY, THE “CAIPA Parties”) MAKE ANY GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, ADEQUACY, ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SERVICES, CAIPA’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SERVICES. CAIPA SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM CAIPA INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

• Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CAIPA PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR INJURY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSES OR DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, TIME, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH: (A) THE SERVICES, (B) THESE TERMS; OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST CAIPA OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO CAIPA FOR USE OF THE SERVICES DURING THE PREVIOUS TWELVE (12) MONTHS. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM CAIPA’s INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

• Indemnification

You agree to indemnify, defend, and hold harmless the CAIPA Parties from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties, costs, and/or expenses of any kind, including but not limited to reasonable attorneys’ fees and court costs, arising out of, resulting from, or caused, either directly or indirectly, by: (i) your breach, alleged breach, or violation of these Terms; (ii) your use of, participation in, and/or access to the Services; (iii) your Other Content; (iv) Other Content entered into the Services with the use of your screen name or password; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (vi) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vii) your use of a Third Party Website; or (viii) any misrepresentation made by you. CAIPA reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with CAIPA’s defense of any claim. You will not in any event settle any claim without the prior written consent of CAIPA.

This provision does not require you to indemnify CAIPA for any unconscionable commercial practice by CAIPA or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

• Waiver of Injunctive or Other Equitable Relief

EXCEPT AS SET OUT IN SECTION 15, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONSUMER AI PROTECTION ADVOCATES’S OWN CONTENT, OTHER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY CAIPA OR A LICENSOR OF CAIPA.

• Updates to Terms

CAIPA reserves the right, at any time in CAIPA’s sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that CAIPA may notify you of any updated Terms and any applicable Additional Terms by posting them on the Services so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to CAIPA. All such changes are effective immediately when CAIPA posts them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Services.

• Notices

Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to CAIPA should be sent via email to info@thecaipagroup.com.

Except as otherwise required by Applicable Laws, you agree that CAIPA may provide notices to you: (i) via the e-mail address provided by you to CAIPA. 

Notices sent by email shall be effective one (1) day following the date the e-mail was sent, provided that an error message was received stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered.

Notices sent by certified mail, return receipt requested, postage prepaid, addressed to the address provided by you to CAIPA shall be effective six (6) days following deposit in the mail.

CAIPA also may post notices on the Services on the Site which shall be effective immediately upon posting or the effective date stated in the posting.

• Notice for New Jersey Users

The sections on indemnification and limitation of liability do not apply to New Jersey residents to the extent that New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) (N.J.S.A. §§ 56:12-14 to 56:12-18) prohibits such application.

• General Provisions

• Consent or Approval

No CAIPA consent or approval may be deemed to have been granted by CAIPA without being in writing and signed by an officer of CAIPA.

• Survival

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Services, including sections on Use of the Services (except for the limited license), Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Websites, Website Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations on Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.

• Severability; Interpretation; Assignment

If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. CAIPA may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of CAIPA.

• Complete Agreement; No Waiver

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Services. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or CAIPA in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

• International Issues

CAIPA controls and operates the Services from the U.S., and CAIPA makes no representation that the Services is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Services. Software related to or made available by the Services may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

• Investigations; Cooperation with Law Enforcement

CAIPA reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. CAIPA may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

• California Consumer Rights and Notices

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: dca.ca.gov.