Skip to main content

Kiddom’s Terms of Service

Kiddom is a proud signatory of the Student Privacy Pledge


Please read these terms of use, together with our Privacy Policy (collectively, the “Agreement”) carefully before using the services offered by Kiddom Inc., doing business as Kiddom (“Company”), which owns and operates (the “Website”) and the services offered on the website and associated mobile applications (collectively, the “Service”). By registering for an account on, or otherwise using the Kiddom Service, you agree that you have read and agree to be bound by and a party to the terms of this agreement without modification and to the exclusion of all other terms. Notwithstanding, you agree and understand that your use of the service confers a benefit on you that cannot be returned, and this agreement is and will be binding on you regardless of your age, and regardless of whether a parent or guardian has read and agreed to the terms on your behalf. If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms of the agreement, you have no right to use the website or services. Use of company’s services is expressly conditioned upon your assent to all the terms of this agreement, to the exclusion of all other terms.

In plain English:

By signing up for Kiddom, you agree to the terms below.


A. As long as you are complying with all of the terms of this Agreement, Company gives you permission to use the Service that you select through the applicable registration process. Company may change, suspend or discontinue all or any part of the Service at any time. Company also may impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

In plain English:

You can use Kiddom as long as you follow the rules in these terms.

B. We may modify this Agreement going forward. If we make changes, we will post a notice on the Website, or send you a notice via email, provided that the new Agreement will only be effective when (a) you use the Service after you know about the change, and (b) thirty days after we publish the modified Agreement on the Website (whichever is sooner). Any disputes we may have will be resolved under the terms of the Agreement in place at the time of the dispute. You are responsible for reviewing and ensuring that you are familiar with the Agreement and the modifications that we may make.

In plain English:

If these terms of use change, we’ll notify you, and give you a chance to opt out. We won’t change the terms retroactively.

C. You represent and warrant to Company that: (i) you are of legal age to form a binding contract (or, if you are a minor, you have your parent’s or legal guardian’s permission to use the Service, and that your parent or legal guardian has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. If you are accepting this Agreement on behalf of an institution, company or legal entity: (i) “you” includes you and that legal entity, and (ii) to the extent your legal entity has a separate written agreement with Company, that agreement will define the order of precedence between this Agreement and that separate agreement with respect to such entity. The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.

In plain English:

To use Kiddom, you must be allowed to enter into contracts yourself (or on behalf of your child, school or district, if you’re signing up on their behalf).

D. Please review our Privacy Policy, found on, which is hereby incorporated into this Agreement by reference, for information on our collection, use, and disclosure of personal information from our users.

In plain English:

You should read our Privacy Policy, found on, which outlines how we handle any personal information you might share with us.


A. Students: if you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you.

B. Only those students who have been invited by their teacher, school, or district to use the Service may use the Service. You represent, warrant, covenant, and agree that you will not access or use the Service unless you are invited by a teacher, school, or district who is authorized to give you access to the Service.

C. We request very minimal personal information from students to enable use of the Service – usernames are randomly generated, and students provide their own password. If you are a student, please do not send any personal information about yourself to us, other than what we request from you when you are able to sign up for the Service.

D. The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent (“Consent”). Persons who are 13 or younger (or under age 16 if EU residents) are prohibited from using the Service without verifiable parental consent. By registering, you promise that you are either (a) over the age of 13 (or over 16 in the EU) or (b) you have your parent or legal guardian’s consent.

In plain English:

Students: if you want to create a Kiddom account and if you’re under 13 (or 16 in the EU), you have to get your parent’s permission. If students create a Kiddom account, we only collect the bare minimum amount of information from them needed to provide them with the Kiddom service – usually just a username and password.

E. Teachers: if you are a teacher, aide, or other similar personnel accessing the Service (defined below), on behalf of a school, school district, or other similar educational institution (the “Institution”), the following terms apply to you:

      • You represent and warrant that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Service as part of your curriculum.
      • You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without Consent and you accordingly agree that children under the age of 13 may not use the Service in any way unless you have obtained verifiable parental consent from the child’s parent or legal guardian. Company will not knowingly provide access to or use of the Service to students under the age of 13 that you invite to the Service if Company is unable to obtain verifiable parental consent. If you are in the EU, parental or legal guardian consent may be required for children under age 16.
      • Only teachers and staff members who are current employees of the Institution may use the Service on the Institution’s behalf. Upon termination of a teacher or other staff member’s employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify Company immediately.

In plain English:

Teachers: Please be sure your school is fine with your use of Kiddom.

Parents: if you are a parent of a Student that has been invited to create an account on the Service then the following terms apply to you.

F. If your child is under the age of 13 (or 16 in the EU), we will not knowingly provide access to the Service to your child without your verifiable consent. If your child cannot consent and has an account on the Service without your consent, please send an email to immediately including sufficient detail so that we investigate and respond accordingly.

G. You further agree that Company and or teachers using the Service may send you messages, alerts, and other communications through the Service, including via email, web alert, text messages, and other similar means, in accordance with the preferences you set through the Service, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.

In plain English:

Parents: if your child is under 13 (or 16 in the EU), and tries to create a Kiddom account, we’ll need your consent.


A. FERPA: certain information that may be provided to Company by teachers and other users, such as student directory information and performance metrics, may be considered an educational record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). FERPA prohibits schools from sharing educational records without the consent of the student and/or the student’s parent, and the Company works hard to ensure that schools using the Service have met that obligation. For that reason, if you are a parent or student, you consent to Company storing and accessing such Education Records, and if you are a teacher, you represent that your school or district has obtained all necessary consents to share such Educational Records with Company, in each case, solely to enable Company’s operation of the Service from your parent, legal guardian, or other person authorized to provide such permission.

In plain English:

FERPA requires that schools don’t share your educational records without your permission. So, Kiddom can’t accept your (or your child’s) educational records without appropriate permission. Furthermore, we’ll never share your educational records, except for as per our Privacy Policy. You should read it in full, but the main message is that we don’t sell or rent your information (or your children’s information) to anyone for any reason, and only share it in limited ways to help provide the best service we can to you.

B. Social media: Company may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third party services, such as social networks or network storage sites (“Linked Accounts”), such as with “Like” and “Share” buttons, or similar features. If you choose to use such features, you grant Company permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third party terms.

In plain English:

If someday you want to use third-party services through your Kiddom account (e.g. Google Apps), we’ll connect your account to those services so you can use them.


A. The Service and the contents of the Website, and all the software and technology used in the provision of the Service are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All such software and technology, and materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations — also known as the “Content”) are protected by copyright and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

B. The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Service in whole or in part.

C. You may download a single copy of the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, non-commercial use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content’s copyright notice. You shall not link to the Website without Company’s prior written consent, except in accordance with the terms of this Agreement.

In plain English:

Please respect our copyrights, trademarks and brands.

D. In the course of using the Service, you and other users may provide information which may be used by Company in connection with the Service and which may be visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Company or in connection with the Service (collectively, “User Submissions”), and you hereby grant to Company and its successors a non-exclusive, worldwide, royalty free, and transferable right and license (without obligation) to reproduce, distribute, publicly perform and display, and modify such User Submissions (including all related intellectual property rights) and to allow others to do so as may be reasonably necessary to provide the Service to you and other users; however, Company will only share your personally identifiable information in accordance with Company’s current Privacy Policy at also hereby do and shall grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Company does not guarantee that it will publish any of your User Submissions, and reserves the right to remove User Submissions from the Service at any time for any reason, including without limitation in connection with reports that such User Submissions infringe third party intellectual property rights.

E. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Service.

In plain English:

You own any content you post on Kiddom. You give us permission to use it to provide the Kiddom service to you and other users.


A. You warrant, represent and agree that you will not contribute any Content (including User Submissions) or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation COPPA and FERPA; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Company reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Service, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Service and as otherwise provided herein.

In plain English:

You agree not to post content that harms others or violates anyone’s rights. We think you’ll be reasonable and responsible, but if you’re not, we might have to remove your content.


A. You are responsible for all of your activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Service. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Service, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Service’s infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Service. You may not transfer your account to anyone without express prior written consent of Company.

In plain English:

You agree not to misuse our Service.


A. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effect the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Service, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. Company makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by publishers) offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Service are provided “as is” without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. To the greatest extent permissible pursuant to applicable law, the services, content, website and any software are provided on an “as is” basis, without warranties of any kind, either express or implied or statutory, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.

B. In no event will company, its officers or directors be liable to you or any other party for any direct, indirect, special or other consequential damages arising out of or in connection with (i) your use of the service, site content, third party materials; (ii) the use or access of or inability to use or access the service or any content available through the service; or (iii) any interaction with any third party through or in connection with the service, including other users, whether based in tort, contract or other legal theory, even if company is expressly advised of the possibility of such damages. In no event will company, its officers or directors be liable to you in the aggregate for any damages incurred in excess of the greater of any fees you have actually paid to company for use of the services in the six months prior to the events giving rise to the claim, or twenty five dollars ($25).

C. Applicable law may not allow for the limitation or exclusion of liability or incidental or consequential damages or the capping of overall liability, so the above limitations or exclusions may not apply to you. In such cases, you agree that because such warranty disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between you and company, and are fundamental elements of the basis of the bargain between you and company, company’s liability will be limited to the maximum extent permitted by law. You understand and agree that company would not be able to offer the service to you on an economically feasible basis without these limitations.

In plain English:

Kiddom is a free service. Like most free services, we’re not liable if something goes wrong.



In plain English:

You should keep your username and password secret.


You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Service, use or misuse of the Service, your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including your User Submissions.

In plain English:

You’ll be responsible if your misuse of the Service causes anyone (including us!) harm.


A. General: Company respects the rights of copyright owners and expects its users to do the same. Therefore, as required by the Terms, infringing content may not be submitted to the Service or used in, whole or in part, in any User Content.

B. User Content: if you upload User Content that contains any copyrighted work, including literary works, visual works, musical works, sound recordings, audiovisual works, or other work or any combination of the foregoing, then you must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Service and grant the rights granted herein. In addition to being grounds for removal of your User Content, termination of your account, and any other remedy Company may have against you, your failure to own or obtain such rights may subject you to civil and/or criminal liability, the damages for which can be significant.

C. Copyright Owner Rights: if you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Company’s Designated Copyright Agent with the following information in writing:

      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • A identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
      • A identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
      • A information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
      • A a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
      • A a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”). Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is Company’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, Company will promptly terminate without notice the accounts of Users that are determined by Company to be “repeat infringers.” If Company receives more than three takedown notices regarding a User’s User Content, then that User will be considered a repeat infringer and their account will be terminated.

D. Designated Agent: Company’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, Kiddom Inc., 25 Kearny Street, Suite 500, United States of America, or by electronic mail at For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Company customer service through You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

In plain English:

We respect copyright protections. If you see any violations, please email us with all the details at


The Service may contain links to third party websites that are not owned or controlled by Company, and includes features that allow you to interact and communicate with third parties. When you access third party websites or interact or communicate with third parties through the Service, you do so at your own risk. Company encourages you to be aware when you leave the Website and to read the terms and privacy policy of each third party website that you visit. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites, or which are posted to or through the Service by other users. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site. Your interactions with organizations and/or individuals found on or through the Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any of these third parties or their services. If there is a dispute between participants on this site, or between users and any third party, including another user, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

In plain English:

We’re not responsible for any third party services or any disputes you may have with them, or with other users of our service.


This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service or your account at any time by contacting us at – parents, you can also terminate your under age 13 (or 16 in the EU) child’s account the same way, although we will need to verify your identity. Company may suspend or terminate your access to the Service, Website or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to use the Service, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

In plain English:

There is no obligation to use our service, and you can stop using your account (or your child’s account) at any time.


This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service or your account at any time by contacting us at – parents, you can also terminate your under age 13 (or 16 in the EU) child’s account the same way, although we will need to verify your identity. Company may suspend or terminate your access to the Service, Website or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to use the Service, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

In plain English:

There is no obligation to use our service, and you can stop using your account (or your child’s account) at any time.


A. Generally: in the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action.

B. Exceptions: notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

C. Arbitrator: any arbitration between you and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at, by calling the AAA at 1-800-778-7879, or by contacting Company at

D. Notice Process: a party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Company’s address for Notice is: Kiddom Inc., 25 Kearny Street, Suite 500, San Francisco, CA, United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) 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 60 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award.

E. Fees: in the event that you commence arbitration in accordance with these Terms, we will abide by the AAA Rules with regards to potential reimbursement of fees. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. 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 14 days of the arbitrator’s ruling on the merits.

F. No Class Actions: you and company 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 proceeding. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

G. Modifications: in the event that Company makes any future change to this arbitration provision (other than a change to the Company’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Company’s address for Notice, in which case your account with Company shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

H. Enforceability: if only Subsection F of this Section 13 or the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in Section 13 shall govern any paction arising out of or related to these Terms.

In plain English:

It is our goal to quickly resolve disputes that may arise. For that reason, we require disputes to be submitted to arbitration. We agree to make arrangements for non-appearance based proceedings, and we each waive rights to bring class actions.


The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and for all purposes of this Agreement, you and Company consent to the exclusive jurisdiction and venue of such courts. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.

In plain English:

Please abide by these terms – we will!