Updated 03/06/2023 

 Welcome to Clipt!  The place where licensed hair professionals can connect with customers for in-home haircuts!  The Clipt Application (“Clipt App”) is operated by Clipt Technologies LLC, a Delaware corporation (“Clipt”, “we”, “our”, or “us”).  By accessing or using the Clipt App, you agree to be bound by these Terms of Use (the "Terms", or “Agreement”).  These Terms set forth the legally binding terms for your use of The App.  By accessing or using The App, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may not accept this Agreement or access or use The App if you are not at least 18 years old. You may use The App on behalf of individuals under 18 only if you are the parent or legal guardian of such individuals. If you do not agree with all of the provisions of this Agreement, do not access and/or use The App. PLEASE CAREFULLY READ THESE TERMS BEFORE ACCESSING OR USING THE SERVICES. 

By accessing or using The App, you agree to be bound by these Terms with Clipt, whether or not you create a Clipt account. If you wish to create a Clipt account, please read these Terms at www.clipt.us/terms or through the Clipt App. Our collection and use of personal information in connection with The App is provided in Clipt’s Privacy Policy at www.clipt.us/privacy. 

If you do not agree to these Terms, you may not access or use our app.  We reserve the right to update and change these Terms from time to time without notice. Any new features that augment or enhance the current app, including the release of new tools and resources, shall be subject to the Terms. Continued use of the app after any such changes shall constitute your consent to such changes. 

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. 

Account Registration 

In order to use The App, you must create and register an account with us (“your Account”). When you create an account, you must provide accurate and complete information and agree to maintain the accuracy of such information. You agree not to create an account on behalf of someone other than yourself. You further agree that you shall not maintain more than one account at any given time. You may delete your Account at any time, for any reason, by following the instructions in The App. We may suspend or terminate your Account in accordance with the section entitled “Term and Termination.” You agree not to create an account or use our Services if you have been previously removed by Clipt, or if you have been previously barred from any other past or future Clipt Services.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.   

Clipt will not be liable for any loss or damage arising from your failure to comply with the above provision. 

Use of the App 

The Clipt App is a communication and technology platform that enables users of the Clipt App to arrange and schedule grooming, styling, and/or barbering services with independent third-party providers of these services (each such person, a “Third Party Provider”).  In addition to referring to such independent third-party providers of grooming, styling and/or barber services as Third Party Providers, we also refer to them as “Clipt Stylists”, as discussed below. YOU ACKNOWLEDGE AND AGREE THAT CLIPT DOES NOT PROVIDE GROOMING, STYLING, OR BARBERING SERVICES, AND CLIPT DOES NOT FUNCTION AS AND IS NOT A BARBERSHOP NOR BEAUTY SALON.  IT IS UP TO THE GROOMING SPECIALISTS, BARBERS, OR STYLISTS WORKING AS INDEPENDENT CONTRACTORS WITH CLIPT TO OFFER SUCH SERVICES, WHICH MAY BE SCHEDULED OR MADE AVAILABLE THROUGH THE USE OF THE CLIPT APP. 

Clipt checks the backgrounds of Third-Party Providers via third-party background check services. However, each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person whom you do not personally know.  BY USING THE APP, YOU AGREE TO HOLD CLIPT FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY, LOSS, OR DAMAGE THAT MIGHT ARISE OUT OF THE USE OF THE APP.  CLIPT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD-PARTY PROVIDER, AND WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES OR GOODS PROVIDED BY ANY THIRD-PARTY PROVIDER. 

You may use the app only for lawful purposes and in accordance with these Terms. You agree not to use the app: 

• In any way that violates any applicable federal, state, local, or international law or regulation. 

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation. 

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the app, or which, as determined by us, may harm us or users of the app or expose them to liability. 

We reserve the right to terminate or suspend your access to the app for any reason, including if we believe you have violated these Terms or engaged in any conduct that may harm us or other users of the app. 

Payment Terms 

Booking Service Providers.  

You must provide us with a valid credit card (issued by Visa, American Express, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to making an appointment with a service provide. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. You may purchase cosmetic and lifestyle products and order in-home grooming services by following the directions provided by The App. By providing us with your credit card number and associated payment information, you agree that Clipt is authorized to immediately invoice your Account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify Clipt of any change in your billing address or the credit card used for payment hereunder.  

Payment Process.  

If you order an in-home grooming service, you agree to pay the service provider the then-current applicable service fee listed in The App. We, or our billing agent, will automatically bill your credit card submitted in booking an appointment on the date the appointment is booked, and each time you book an appointment or order a product thereafter. All payments to the service providers are non-refundable, except in the event the service provider, or we cancel your appointment. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due will bear interest at the rate of one and one-half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, a notice of such non-payment and a link for you to update your payment information will be sent. 

Cancellation.  

You may elect to cancel your request for services or goods from a Third Party Provider (a “Cancellation”) at any time prior to such Third Party Provider’s arrival, in which case you will be charged a cancellation fee if such cancellation is within six (6) hours of the Third Party Provider’s scheduled arrival time on our Services. If your cancellation is received by our Services more than six (6) hours before the Third Party Provider’s scheduled arrival time on our Services, Clipt’s policy is generally you will not be charged a cancellation fee. You may cancel any appointment in accordance with our cancellation policy set forth at www.clipt.us/faq. We reserve the right to cancel free promotional Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free promotional Service. If the service provider cancels an appointment for any reason, you will receive a refund, unless Clipt is able to book another service provider acceptable to you during the time scheduled for your appointment. If service providers cancel or terminate a paid appointment for any reason, we may, in our sole and reasonable discretion, issue you a refund of any fees pre-paid for such an appointment. More generally, all refund requests must be submitted within 48 hours of the individual appointment. Any requests more than 48 hours after the individual appointment will not be granted. 

Gratuity, Tipping and Services Feedback Policy.  

The payment structure for our Services which states that tipping is “voluntary”, “not required”, and/or “included” is not intended to suggest that the Company provides any additional amounts to the Third-Party Provider, and the payment structure described above is intended to fully compensate the Third-Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to evaluate and rate your experience and leave feedback, about your Third-Party Provider. 

Promotional Codes.  

We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated in additional terms we establish for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes cannot be used in a single transaction or appointment, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through official Clipt communications channels are valid. You further agree: (i) to use Promo Codes only for their intended purpose, and in a lawful manner; (ii) you will not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including, without limitation, by posting Promo Codes to a website or other public forum), unless expressly permitted by us; (iii) Promo Codes may be disabled by us at any time for any reason without liability to us; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code; (v) Promo Codes have no cash value; and (vi) Promo Codes may expire prior to your use. 

Reservation of Rights.  

We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event we determine in our sole discretion that the use or redemption of the Promo Code in question or the provision of any referral credit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any credit in your Account, no further promotional value adjustments or credits will be issued for any reason, including but not limited to, dissatisfaction with the Services. 

Your Responsibilities.  

By receiving in-home grooming services from service providers, you are acknowledging certain responsibilities. When scheduling an appointment, you agree to comply with any rules or requirements of the service provider that apply to the service you have purchased and that have been communicated to you, including in any confirmation emails (the "Requirements"). Regardless of whether there are specific Requirements, you agree to: (a) ensure that your home or other designated area where the service will be performed is a safe, clean, and reasonably comfortable workspace that is free of any conditions that would impede the service providers' ability to perform their work (as determined at the sole discretion of each service provider); (b) provide a workspace that has access to bathroom facilities and is located near an electrical outlet and a sink with hot and cold running water; and (c) refrain from engaging in or allowing any speech, behavior, or actions that would be considered offensive, intimidating, hostile, harassing, indecent, or abusive by a reasonable person while the service providers are present. If you have pets, you must keep them confined in a separate room where the service providers will not be working. If you have a child or children under the age of 13, you must ensure that childcare is provided by someone other than yourself or the service provider, as the service provider will be using equipment that could potentially harm a child and needs to focus solely on providing the service to you. The service providers reserve the right to refuse or terminate their services at any time if you do not fulfill your responsibilities as outlined in this section, or if they feel unsafe or uncomfortable in your in-home work environment or for any other reason. Please note that the service providers are independent contractors who run separate business enterprises from Clipt and are not employees or agents of Clipt. 

Your representations.  

If you are utilizing in-home beauty services in the United States you represent that the venue and location you have requested service at is in compliance with all state and local health and safety rules including but not limited to: having fully functioning plumbing; a running water system or a self-contained potable water system not less than 100 gallons, a fully functioning ventilation system, and a non-corrosive container for hair clippings and any waste.  

Rights and Licenses. 

License to Use Application. We grant you a non-exclusive, non-transferable right to access and use the Services and a non-exclusive, non-transferable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to the terms of this Agreement. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Use of the Application is also subject to the provisions of the section entitled “Acceptable Use Policy.” 

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof. 

Modification. We reserve the right, at any time, to modify, suspend, or discontinue your access to the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of your access to the Services or any part thereof, except and if otherwise expressly set forth in Section entitled “Term and Termination.” 

No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services. 

Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site and Applications, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our suppliers reserve all rights not granted in this Agreement. 

User Content. 

The term "User Content" refers to any information or material submitted or posted by a user on the Services or our social networking pages ("SNS Pages"). You retain ownership of your User Content, but you acknowledge and agree that we have the right to use and reproduce it on our SNS Pages and Services. You assume all risks associated with your User Content, including its accuracy, completeness, or usefulness to others, as well as any disclosure of personally identifiable information. You represent and warrant that your User Content complies with our Acceptable Use Policy. You cannot suggest or imply that your User Content is endorsed or sponsored by us in any way. As the sole owner of your User Content, you could be held liable if it violates our Acceptable Use Policy. We have no obligation to back up any User Content, and we may delete it at any time. If you wish to create backup copies of your User Content, you are solely responsible for doing so. 

License. By submitting User Content, you grant us an irrevocable, nonexclusive, royalty-free, fully paid, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and use your User Content for the sole purpose of including it in the Site and Services. You warrant that you have the right to grant us this license. You also agree to waive any claims of moral rights or attribution with respect to your User Content. 

Acceptable Use Policy. Our "Acceptable Use Policy" prohibits you from using the Services to collect, upload, transmit, display, or distribute any User Content that: (i) violates any third-party rights, including but not limited to copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, physical harm against any group or individual, or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) violates any law, regulation, or obligation or restriction imposed by any third party. 

Furthermore, you agree not to engage in the following activities using the Services: (i) uploading, transmitting, or distributing any computer viruses, worms, or software designed to damage or alter computer systems or data; (ii) sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) collecting or gathering information or data about other users, including their email addresses, without their consent; (iv) interfering with, disrupting, or overloading servers or networks connected to the Services, or violating the regulations, policies, or procedures of such networks; (v) attempting to gain unauthorized access to the Services, other computer systems, or networks connected to or used in conjunction with the Services, through password mining or other means; (vi) harassing or interfering with another user's use and enjoyment of the Services; or (vii) introducing software, automated agents, or scripts to the Services to create multiple accounts, generate automated searches, requests, and queries, or to extract data from the Services (except where we grant public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials). 

Enforcement.  We may, in our sole discretion, review any User Content and take appropriate action against you if we determine that you have violated the Acceptable Use Policy or any other provision of this Agreement, or if you have created liability for us or any other person. Such actions may include removing or modifying your User Content, terminating your Account as described in the section titled “Term and Termination,” and/or reporting you to law enforcement authorities and cooperating with them. We may disclose any information or materials on or in the Services, including User Content, in our possession in connection with your use of the Services, as long as it is not prohibited by applicable law. We may do so to comply with applicable laws, legal processes or governmental requests, enforce this Agreement, respond to claims that User Content violates the rights of third parties, or protect the rights, property, or personal safety of C, its users, employees, or the public. We reserve the right to make these determinations in our sole discretion. 

Feedback: If you provide any feedback or suggestions regarding the Services ("Feedback"), you grant us all rights in the Feedback and agree that we can use such Feedback and related information in any way we see fit. We will treat any Feedback you give us as non-proprietary and non-confidential. You agree not to submit any information or ideas to us that you consider confidential or proprietary. 

Indemnification: You agree to indemnify and hold us (including our officers, employees, and agents) harmless, including costs and attorney's fees, against any claim or demand made by any third party arising from or related to (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement, or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. 

Links to Other Websites, Services, and Users. 

Third-Party Sites, Advertisements, and Networks. The Site may include links to third-party websites, services, and advertisements for third-party products and services (collectively referred to as "Third-Party Sites & Ads"). These Third-Party Sites & Ads are beyond our control, and we cannot be held accountable for them. We offer these Third-Party Sites & Ads only as a convenience and do not assess, approve, monitor, endorse, warrant, or represent Third-Party Sites & Ads. Your use of all Third-Party Sites & Ads is at your own risk. When you connect to a Third-Party Site & Ad, the relevant third-party's terms and policies apply, including the third-party's data gathering and privacy practices. Prior to proceeding with any transaction relating to such Third-Party Sites & Ads, you should conduct any research you believe necessary or appropriate. We may also collaborate with advertising partners who may provide you with advertisements based on your activity on the Site or within the Services, whether on or off our Site. 

Other Users.  Each user of the Service is entirely accountable for their User Content. As we do not have control over User Content, you recognize and accept that we are not liable for any User Content, and we do not make any assurances regarding the precision, currency, appropriateness, or quality of any User Content. Additionally, we assume no responsibility for any User Content. Your interactions with other users of the Site or Service are solely between you and such users. You acknowledge that we will not be responsible for any loss or harm resulting from such interactions. If a conflict arises between you and any other Service user, we are not required to get involved. 

App Store. When you download our Applications, you may do so through Apple Corporation’s App Store, another third party. You acknowledge that this Agreement is between you and us and not the App Store or Apple. As between the App Store and us, we, not the App Store, are solely responsible for the Services, including the Application, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce its terms. The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”): 

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. 

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. 

You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Clipt and Apple, Clipt, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement. 

Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. 

Release. By agreeing to this Release, you forever discharge and release us (and our officers, employees, agents, successors, and assigns) from any and all past, present, and future disputes, claims, controversies, demands, obligations, liabilities, actions, causes of action, and rights of every kind and nature, including those related to personal injury, death, or property damage, that arise directly or indirectly from your interactions with any service provider, other Service users, or Third-Party Sites & Ads. As a California resident, you waive the application of California Civil Code Section 1542, which states that a general release does not extend to unknown claims, if you were not aware of such claims and they would have impacted your decision to enter into this Release with us. 

Disclaimers and Limitation of Liability. 

We (and our suppliers) as well as service providers, will not be held liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including any lost profits arising from or in connection with this agreement or your use of the services. Even if we have been informed of the possibility of such damages, access to and use of the services are at your own discretion and risk. You will be solely responsible for any loss of data or damage to your computer system as a result of such access or use. 

However, notwithstanding anything to the contrary in this agreement, our liability (and that of our service providers and suppliers) to you for any damages arising from or related to this agreement (regardless of the cause of action and regardless of the form of the action) will at all times be limited to the greater of (a) fifty US dollars ($50) or (b) the amounts you have paid to us in the prior twelve months (if any). The existence of multiple claims will not increase this limit. You agree that our suppliers will have no liability of any kind arising from or related to this agreement. 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

Term and Termination.  

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including but not limited to, any use of the Services in violation of this Agreement or our discontinuance of any Services. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.  

Copyright. 

At Clipt, we value and respect the intellectual property rights of others and expect our users to do the same. We have implemented a copyright policy that complies with applicable laws and provides for the removal of infringing content and termination of repeat infringers of intellectual property rights, including copyrights. If you believe that a user of our Site and Services is infringing on your copyright, you may submit a written notification to our designated Copyright Agent as required by 17 U.S.C. § 512(c). Your notification must include: 

Your physical or electronic signature; 

Identification of the copyrighted work(s) that you claim have been infringed; 

Identification of the infringing material on our Services that you request to be removed; 

Enough information to help us locate the infringing material; 

Your address, telephone number, and email address; 

A statement that you have a good faith belief that the use of the infringing material is not authorized by the copyright owner, its agent, or the law; 

A statement that the information in your notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner. 

Please note that submitting a notification with false information may result in liability for damages, costs, and attorney's fees under 17 U.S.C. § 512(f). 

Severability. 

If any part of these Terms is determined to be invalid or unenforceable, then that part shall be removed, and the remainder of the Terms shall continue to be valid and enforceable. 

Revision of Agreement: This Agreement may be revised from time to time, and if any significant changes are made, we may notify you by sending an email to the last email address you provided us (if any) or by prominently posting the notice of changes on our Site. Any changes made to this Agreement will be effective after thirty (30) calendar days following the dispatch of an email notice to you (if applicable) or thirty (30) calendar days following the posting of the notice of changes on our Site, whichever occurs first. It is your responsibility to provide us with your most current email address. If the last email address you provided us is not valid or is unable to deliver the notice, the email containing the notice will still constitute effective notice of the changes described in the notice. Your continued use of our Site or Services after being notified of such changes indicates your acknowledgement of the changes and your agreement to be bound by the revised terms and conditions. 

Arbitration Agreement, Jury Trial Waiver, Class Action Waiver, and Forum Selection Clause: Any disputes, claims, controversies, demands, counts, or causes of action, including the interpretation, enforceability, and scope of this clause and the arbitrability of the dispute, claim, controversy, demand, count, or cause of action, between you and us, the service providers, or our employees, agents, successors, or assigns, will be settled through binding arbitration exclusively. 

The arbitration will be conducted before one neutral arbitrator from the American Arbitration Association ("AAA") with significant experience in resolving consumer contract disputes, subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be governed by the AAA's Consumer Arbitration Rules, as modified by this Agreement, and unless otherwise agreed upon by the parties in writing. 

By agreeing to this clause, you are relinquishing your right to go to court to assert or defend your rights except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than the rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. 

Both parties must abide by the following rules: (a) any claims brought by you or us must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding; (b) the arbitrator may not consolidate more than one person's claims, may not otherwise preside over any form of a representative, collective, or class proceeding, and may not award class-wide relief; (c) in the event that you demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive compared to the cost of litigation; (d) we reserve the right, in our sole and exclusive discretion, to assume responsibility for all the costs of arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitrator may award any individual relief or individual remedies permitted by applicable law; and (g) each side pays its attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then, in such cases, the fees and costs awarded will be determined by applicable law. 

Despite this agreement to arbitrate, either party may bring an individual action in small claims court. Moreover, either party may seek emergency equitable relief before the state or federal courts located in North Carolina. 

For more information on AAA, its Rules, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. 

Choice Of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of North Carolina, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. 

Entire Agreement. 

This Agreement encompasses the entire understanding between you and us concerning the utilization of the Services. If we fail to enforce any provision or right of this Agreement, it does not constitute a waiver of such provision or right. The headings in this Agreement are purely for convenience and do not have any legal or contractual effect. The term "including" means "including but not limited to." If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable provision will be modified to the extent required to make it valid and enforceable. Your relationship with us is that of an independent contractor, and neither of us is an agent or partner of the other. This Agreement and your rights and obligations under it cannot be assigned, subcontracted, delegated, or transferred without our prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this provision will be void. The terms of this Agreement will bind any assignees. 

Contact Us. 

If you have any questions about these Terms, please contact us at support@clipt.us.