SLYNGSHOT TERMS OF USE/SERVICE

TLDR VERSION

By using Slyngshot, you agree to these terms. We can revise these terms.

You must be at least 13 years old and resident in the United States to use Slyngshot.
Slyngshot is an online platform that helps you create a Business Plan that visualizes your idea for a potential business.
You own any ideas you develop using Slyngshot, and any ideas shown in a Business Plan you create.
You can share any Business Plan you create with whoever you want simply by sending them a link. While Slyngshot will not share your idea or any Business Plan you create, Slyngshot also cannot stop anyone with the link to your Business Plan from accessing it. So be careful who you share links with.
You can ask Slyngshot to erase your Business Plan(s) whenever you want.
You won’t use Slyngshot for illegal purposes.
You are responsible for what you do on Slyngshot. We can terminate your account if you breach these terms.
Our collection and use of any private information is governed by our Privacy Policy found here: HTTPS://SLYNGSHOT.IO/PRIVACY-POLICY.

This TLDR version of the Terms of Service is not intended to replace or misrepresent the full text of these Terms of Service.

1. INTRODUCTION

Welcome to Slyngshot, which is operated and presented to viewers and users by Singleton Foundation for Financial Literacy and Entrepreneurship, a California nonprofit public benefit corporation (“Singleton”). This website is for informational purposes only. These Terms of Use (“Terms of Use” or “Terms”) apply to SLYNGSHOT.IO and any subdomains of SLYNGSHOT.IO (the “Site”). Singleton is referred to in these Terms of Use as “Slyngshot,” “we,” or “us.”
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 12 TO RESOLVE ANY DISPUTES WITH SLYNGSHOT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

Slyngshot provides an online platform offering a selection of clips, forms, and other content (collectively, the “Content”) for ideating a business idea and creating a visualization of a plan for your potential business (the “Purpose”). Slyngshot also provides a shareable visualization of any plan created by you using the Slyngshot online platform (the “Business Plan”). Our Site, the Content, and any other features, tools, applications, materials, or other services offered from time to time by Slyngshot in connection with its services, however accessed, are referred to collectively as the “Slyngshot Services.”

The Content is available for viewing on or through the Site and the Slyngshot mobile application (collectively, the “Properties”).
In providing business guidance through the Slyngshot Services (including the Content), Slyngshot is not acting as a business advisor, Certified Financial Planner, Certified Financial Analyst or Economist, CPA, accountant, or lawyer. Slyngshot does not make any recommendation as to any specific business operations or investments. All Slyngshot Services are for informational and general purposes only and does not constitute business, financial, accounting, or legal advice. You should consult your own business, tax, legal, and financial advisor regarding your particular business idea. Slyngshot does not accept any loss which may arise from accessing or reliance on information in the Slyngshot Services and to the fullest extent permitted by law Slyngshot excludes all liability for loss or damages direct or indirect arising from the use of such information.

Use of the Slyngshot Services (including access to the Content and your sharing of the link to any Business Plan you create) is subject to compliance with these Terms of Use. Please take a moment to carefully read through these Terms. To access and enjoy the Slyngshot Services, you must be at least 13 years old and agree to, and follow, the terms and conditions set forth in these Terms of Use. If you are under the legal age of majority in your state or jurisdiction of residence (but at least 13 years old), you may only use the Site with the permission of your parent or legal guardian. BY VISITING THE SLYNGSHOT SITE OR USING ANY OF THE SLYNGSHOT SERVICES (INCLUDING ACCESSING ANY CONTENT), YOU ARE AGREEING TO THESE TERMS. Additionally, you are representing that you are the age of majority or, if you are under the age of majority (but at least 13 years old), that your parent or legal guardian has reviewed these Terms and accepts them on your behalf. If you have any questions or comments about these Terms, please contact us at SUPPORT@SLYNGSHOT.IO.

When using particular Slyngshot Services or features of the Site, both these Terms and any separate terms or end-user license agreement that may apply to your use of that feature or service (“Additional Terms”) will apply. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

The Slyngshot Services are provided to you free-of-charge.

2. CHANGES TO THE TERMS OF USE BY SLYNGSHOT

Slyngshot may amend these Terms of Use at any time by posting the amended Terms of Use on the Site (“Updated Terms”). The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward. Your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify in the Updated Terms) constitutes your agreement to the Updated Terms.

3. ACCESS AND USE OF THE SLYNGSHOT SERVICES

Slyngshot owns and retains all rights to the Slyngshot Services, except Content you access and view as part of the Slyngshot Services that is owned or controlled by Slyngshot’s licensors. The Slyngshot Services and the Content are protected by copyright, trademark, and other intellectual property laws. With the exception of the expression of your business idea created for the purpose, but including the structure of any Business Plan you create, Slyngshot owns and retains the copyrights in any works based on the Slyngshot Services.

Subject to your strict compliance with these Terms, Slyngshot hereby grants you a non-exclusive, limited, revocable, non-assignable, non-transferable, non-sublicensable license to use the Slyngshot Services, including accessing and viewing the Content on a streaming or download basis, solely for the Purpose. Slyngshot also grants you a non-exclusive limited, revocable, non-assignable, non-transferable, non-sublicensable license to copy and distribute any Business Plan and the link to any Business Plan you create using the Slyngshot Services and created for the Purpose.

You may only access and view the Content for the Purpose. You may not, either directly or through the use of any device, software, internet site, web-based service, or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access-control measure associated with the Content, including geo-filtering mechanisms. You may not, either directly or through the use of any device, software, internet site, web-based service, or other means, copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Content unless expressly permitted by Slyngshot in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Slyngshot in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by Slyngshot. The Content covered by these restrictions includes, without limitation, any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.

4. SLYNGSHOT SERVICES CODE OF CONDUCT

By accessing the Site or using the Slyngshot Services, you agree that you may not do any of the following:

1. use the Slyngshot Services for any reason other than the Purpose, including but not limited to creating expressions of business ideas that Slyngshot determines in its sole discretion: are illegal, immoral, or involve moral turpitude; violate the rights of any third party including copyrights, trademark, patent, and trade secret rights; brings Slyngshot or any of its affiliates into public disrepute, contempt, scandal, or ridicule; shocks or offends the community or any group or class thereof; or reflects unfavorably upon Slyngshot or its affiliates;

2. use the Slyngshot Services in any manner that interferes with the normal function of the Slyngshot Services or normal access to the Slyngshot Services of other users, including but not limited to utilizing a disproportionately large percentage of the capacity of the Slyngshot Services;

3. access another user’s account without their permission;

4. engage in any actions intended to bypass these Terms, subvert restrictions placed on your account, or distribute content that Slyngshot removes from the Site;

5. attempt to obtain, or phish for, a password, account information, business ideas or expressions of business ideas, or other private information from any other user of the Site or the Slyngshot Services;

6. interfere with or disrupt another user’s use of the Site or the Slyngshot Services;

7. use any unauthorized means to modify, reroute, or gain access to the Slyngshot Services;

8. use any robot, spider, or other automated device or process to access the Site for any purpose or copy any material on the Site;

9. interact with the Slyngshot Services in a way intended to sidestep or otherwise nullify any restriction or limitation that we have placed on the use of the Slyngshot Services by you or others;

10. damage, disable, overburden, or impair the Slyngshot Services, including by uploading or transmitting to any element of the Slyngshot Services or to any servers, computer or networks connected to or accessible via the Slyngshot Services, any malicious code, virus, Trojan horses, worm, time bombs, or other computer programming routines that may initiate a denial of service attack or otherwise attempt to interfere with or disrupt the normal operation of any element of the Slyngshot Services; or

11. corrupt, damage, steal, or access or use without authorization, any information stored, processed or transmitted by the Slyngshot Services or any servers, computer or networks connected to or accessible via the Slyngshot Services.

Additional Codes of Conduct. If you are being provided access to Slyngshot Services by virtue of your inclusion in a university or other professional or commercial community (“Distributor Community”), you further agree, when accessing the Site or using the Slyngshot Services, to abide by any codes of conduct that apply to you by virtue of that inclusion.

If Slyngshot determines in its sole discretion that you are violating any of these Terms, we may (i) close your account, notify you, or demand that you immediately cease use of the Slyngshot Services and/or (ii) use technical measures to block or restrict your access or use of the Slyngshot Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Slyngshot Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

Slyngshot is not required to monitor who accesses or uses the Site or the Slyngshot Services whether or not for the Purpose. However, we may, in our sole and absolute discretion, change, suspend, remove, or discontinue - temporarily or permanently - some or all of the Slyngshot Services (including without limitation any content that you input, include, or submit through the use of the Slyngshot Services, including any Business Plan you create, and access to some or all of the Content and any devices through which the Slyngshot Services may be accessed), with respect to any or all users, at any time without notice. You agree that Slyngshot will not be liable to you for any modification, suspension, or discontinuance of the Slyngshot Services.

If you believe that someone is violating any of these Terms, please send an email to SUPPORT@SLYNGSHOT.IO.

You are responsible for any costs you incur to access the Internet.

5. ACCOUNTS AND REGISTRATION

If you elect to create an account with the Site, you will have access to certain additional Site functionality that may include among other things the ability to create Business Plans, or other materials for the Purpose. You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Site and the Slyngshot Services.

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Slyngshot representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password.

You can close your account by contacting our customer service department by sending an email requesting account closure to SUPPORT@SLYNGSHOT.IO.

We reserve the right to immediately terminate or restrict your account or your use of the Slyngshot Services or access to the Content or Site at any time, without notice or liability, if Slyngshot suspects or determines, in its sole discretion, that you have breached these Terms of Use; violated any law, rule, or regulation; or for any other reason.

6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about Slyngshot’s policies and practices regarding the collection and use of your personally identifiable information, please read Slyngshot’s Privacy Policy available at HTTPS://SLYNGSHOT.IO/PRIVACY-POLICY. The Slyngshot Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Site and use of the Slyngshot Services on any of the Properties are governed by the Slyngshot Privacy Policy in effect at the time of your use.

7. LINKED DESTINATIONS AND ADVERTISING

If we provide links or pointers to other websites or destinations, you should not infer or assume that Slyngshot operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Slyngshot Services, we may not warn you that you have left the Slyngshot Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Slyngshot Services and reached another party’s website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

Slyngshot is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Slyngshot. By using the Slyngshot Services, you acknowledge and agree that Slyngshot is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Site.

Slyngshot takes no responsibility for any third-party material (including materials from our sponsors) posted anywhere on the Slyngshot Services, or the Properties, nor does it take any responsibility for the products or services provided by such third parties. Any dealings you have with third parties found while using the Slyngshot Services are between you and the applicable third party, and you agree that Slyngshot is not liable for any loss or claim that you may have against a third party.

8. TRADEMARKS

SLYNGSHOT, the SLYNGSHOT logo, the Slyngshot Lightbulb logo, SLYNGSHOT.IO, and other Slyngshot marks, graphics, logos, scripts, and sounds are trademarks of Slyngshot. None of the Slyngshot trademarks may be copied, reproduced, downloaded, or otherwise exploited without Slyngshot’s express written consent.

9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SLYNGSHOT SERVICES, YOU AGREE THAT USE OF THE SLYNGSHOT SERVICES IS AT YOUR OWN RISK. SLYNGSHOT SERVICES, INCLUDING THE SLYNGSHOT SITE AND THE OTHER PROPERTIES, THE CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SLYNGSHOT DOES NOT MAKE ANY WARRANTIES OR GUARANTEES: (A) OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, OR NONINFRINGEMENT; (B) THAT THE SLYNGSHOT SERVICES WILL BE AVAILABLE AT ALL TIMES IN ALL LOCATIONS, UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE; (C) THAT THE SLYNGSHOT SERVICES CAN BE ACCESSED ON ALL DEVICES, BY MEANS OF A SPECIFIC INTERNET OR CONNECTION PROVIDER, OR IN ALL GEOGRAPHIC LOCATIONS; (D) THAT THE SLYNGSHOT SERVICES WILL MEET YOUR REQUIREMENTS; (E) THAT THE RESULTS THAT MAY BE OBTAINED BY YOU FROM THE USE OF THE SLYNGSHOT SERVICES WILL BE ACCURATE, RELIABLE, OR GUARANTEE ANY SUCCESS FOR YOU OR YOUR BUSINESS; (F) THAT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED, OR ACCESSED FROM THE SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE) WILL BE ACCURATE, RELIABLE, OR ERROR FREE; (G) THAT ANY INFORMATION YOU INPUT, INCLUDE, OR SUBMIT THROUGH USE OF THE SLYNGSHOT SERVICES: (i) WILL BE SAVED OR STORED BY SLYNGSHOT OR ANY THIRD PARTY, SO IT IS IMPERATIVE THAT YOU SAVE AND DOWNLOAD ANY MATERIALS YOU OBTAIN THROUGH THE USE OF THE SLYNGSHOT SERVICES; AND (ii) WILL BE KEPT CONFIDENTIAL, INCLUDING WITHOUT LIMITATION THAT SUCH INFORMATION MAY BE SHARED WITH ANY THIRD PARTY AND WHEN YOU SHARE ANY MATERIALS OBTAINED THROUGH THE USE OF THE SLYNGSHOT SERVICES WITH ANY THIRD PARTIES; AND (H) THAT ANY CALCULATIONS BASED ON ANY INFORMATION THAT YOU INPUT, INCLUDE, OR SUBMIT THROUGH THE USE OF THE SLYNGSHOT SERVICES WILL BE ACCURATE, RELIABLE, OR REFLECT ACTUAL FIGURES.

OTHER THAN THE STRUCTURE OF ANY BUSINESS PLAN YOU CREATE, SLYNGSHOT DOES NOT OWN OR CLAIM ANY RIGHTS IN THE EXPRESSION OF YOUR BUSINESS IDEA CREATED FOR THE PURPOSE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (AND THAT SLYNGSHOT HAS NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR) ANY EXPRESSION OF YOUR BUSINESS IDEA CREATED FOR THE PURPOSE. SLYNGSHOT IS NOT IN ANY WAY RESPONSIBLE FOR THE SUBSEQUENT USE OF OR MISUSE BY ANY THIRD PARTY THAT MAY ACCESS YOUR EXPRESSION OF YOUR BUSINESS IDEA CREATED FOR THE PURPOSE. YOU AGREE THAT YOU ARE RESPONSIBLE FOR PROTECTING AND ENFORCING ANY RIGHTS YOU MAY HAVE IN THE EXPRESSION OF YOUR BUSINESS IDEA CREATED FOR THE PURPOSE AND THAT SLYNGSHOT HAS NO OBLIGATION TO DO SO ON YOUR BEHALF. SLYNGSHOT TAKES NO RESPONSIBILITY FOR THE EXPRESSION OF YOUR BUSINESS IDEA BUT MAY REMOVE THE EXPRESSION OF YOUR BUSINESS IDEA FROM THE SLYNGSHOT SERVICES FOR ANY REASON IT MAY DETERMINE IN ITS SOLE DISCRETION.

IN NO EVENT SHALL SLYNGSHOT OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “SLYNGSHOT PARTIES”), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SLYNGSHOT SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE SLYNGSHOT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SLYNGSHOT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO SLYNGSHOT, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SLYNGSHOT SERVICES, OR $50.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SLYNGSHOT PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, OR YOUR USE OF THE SLYNGSHOT SERVICES (INCLUDING YOUR USE OF THE CONTENT). SLYNGSHOT RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

10. LINKING POLICY

Slyngshot grants you the revocable permission to link to the Site; provided, however, that the source website that links to the Site: (a) must not present false information about, disparage, damage, dilute, or tarnish the goodwill associated with Slyngshot or its products or services, any Slyngshot property or any other intellectual property; (b) must not create the false appearance that your website or organization is sponsored, endorsed by, affiliated, or associated with Slyngshot; (c) must not frame or create a browser or border environment around any of the Content or otherwise mirror any part of the Slyngshot Services; (d) must not use any Slyngshot trademarks without the prior written permission from Slyngshot (except as such trademarks may be automatically generated, in the case of the link appearing in a social media post); (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Slyngshot’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Slyngshot’s sole discretion). If you do link to the Site, the link must be in plain text (or an automatically generated preview of the target website, in the case of the link appearing in a social media post), unless otherwise pre-approved in writing by Slyngshot. Slyngshot reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Slyngshot Services or these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, Slyngshot reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.

11. GENERAL INFORMATION

We are a company based in the United States and the Slyngshot Services is intended only for viewers in the United States. Slyngshot’s goal is to bring you as much relevant and high-quality Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Slyngshot does not have rights or does not offer services is prohibited.

Software and the transmission of applicable technical data, if any, in connection with the Slyngshot Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States.

12. ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SLYNGSHOT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Except for disputes relating to the infringement or misappropriation of your or Slyngshot’s intellectual property (including but not limited to trademarks, trade dress, copyrights, patents, and trade secrets) or disputes in which Slyngshot is seeking an injunction (“Excluded Disputes”), you agree that all disputes between you and Slyngshot (whether or not such dispute involves a third party) with regard to your relationship with Slyngshot, including without limitation disputes related to these Terms of Use or your use of the Slyngshot Services, will be resolved by binding, individual arbitration under the Judicial Arbitration and Mediation Services rules for arbitration of consumer-related disputes and you and Slyngshot hereby expressly waive trial by jury. Neither you nor Slyngshot will participate in a class action or class-wide arbitration for any claims covered by these Terms. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. Rather than force everyone to visit us in Los Angeles, if you can demonstrate to Slyngshot, in its sole discretion, that arbitration in Los Angeles would create an undue burden to you, you are free to initiate the arbitration in your home city. Otherwise, the arbitration hearings will be held in Los Angeles County, California. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf.

This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Use. The decision of the arbitrator will be final and binding except as provided in the Federal Arbitration Act. You understand and agree that all aspects of the arbitration proceeding and the award, including the hearing, except as may be necessary in connection with a court application for a preliminary or permanent injunction, or unless otherwise required by law or judicial decision, shall be confidential. You understand and agree that any provision of applicable law notwithstanding, the arbitrator will not have authority to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If any portion of this section is found to be invalid, illegal, or unenforceable, for any reason, that portion shall be severed from the rest and shall not affect the agreement to resolve all controversies and claims through arbitration.

Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Slyngshot for at least 30 days. To do that, please send your full name and contact information, your concern, and your proposed solution by mail to us at: Slyngshot, 177 E Colorado Blvd, Suite 200, Pasadena, CA 91105, Attn: Dispute Resolution.

13. MISCELLANEOUS PROVISIONS

These Terms of Use are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. In the event of an Excluded Dispute, you agree to submit to the exclusive jurisdiction of the courts located in the Los Angeles County of the State of California.

Please note that these Terms of Use, including the Slyngshot Privacy Policy and any codes of conduct which are incorporated in these Terms, constitute the entire legal agreement between you and Slyngshot and govern your use of the Slyngshot Services (including your use of the Content) (but excludes any services, if any, that Slyngshot may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Slyngshot in relation to the Slyngshot Services. Except as set forth in section 2 above, these Terms may not be amended or varied except in a writing signed by Slyngshot. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not assignable, transferable, or sublicensable by you except with the prior written consent of a duly authorized representative of Slyngshot. No waiver by you or us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

These Terms of Use are effective as of June 23, 2023.