Swan Force Terms
Swan Force Terms
Last Updated: July 5, 2024
The following terms and conditions (the “Affiliate Terms”) are entered into by and between you and Electric Solidus, Inc. d/b/a Swan Bitcoin (the “Company,” “we,” or “us”) and govern your participation in the “Swan Force” affiliate program (the “Affiliate Program” or “Program”).
These Affiliate Terms supplement, and form part of, the Company’s Terms of Service**, its Privacy Policy, and all terms, conditions, and notices contained therein (collectively, the “Terms”).
BY SUBMITTING AN APPLICATION TO JOIN THE AFFILIATE PROGRAM, BY ENTERING A REFERRAL LINK FOR THE PROGRAM, OR BY SENDING A REFERRAL LINK TO ANY PERSON WHEN YOU CREATE AN ACCOUNT FOR THE SWAN BITCOIN SITE, AVAILABLE AT SWANBITCOIN.COM (THE “SITE”), YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE AFFILIATE TERMS AND THE TERMS, INCLUDING WITHOUT LIMITATION YOUR AGREEMENT TO ARBITRATE ANY AND ALL CLAIMS AS AN INDIVIDUAL AND NOT AS A CLASS ACTION OR SIMILAR REPRESENTATIVE ON BEHALF OF OTHER PERSONS (SEE SECTION 18 (“DISPUTE RESOLUTION”) BELOW.
YOUR PARTICIPATION IN THE PROGRAM IS ENTIRELY AT THE COMPANY’S DISCRETION. You can be removed from the Program at any time for any reason or no reason. If you violate any of these Affiliate Terms, you can be immediately removed from the Affiliate Program and any Commissions (as defined below) you may have received or been entitled to receive will be forfeited automatically by you.
The Company, in its sole discretion, may revise, update or amend the Terms or these Affiliate Terms at any time and from time to time for any reason or no reason by posting revised Terms or Affiliate Terms and/or notifying you via your Account (as defined below). All changes are effective on the date the changes are posted. These changes may make your participation in the Affiliate Program more or less valuable to you and may result in you no longer being eligible to participate in the Affiliate Program. Continued participation in the Affiliate Program following any revision, update, amendment or other change to these Affiliate Terms will constitute your binding acceptance of the revised and amended Affiliate Terms.
1. Eligibility
To participate in the Program, you must submit an application through the affiliate site, available at https://www.swanBitcoin.com/enlist (the “Affiliate Site”). The Company reserves the right, in its sole discretion, to accept or reject any application for membership in the Program for any reason or no reason. To be eligible to participate in the Program, you must (a) be at least 18 years of age or of the legal age to form a binding contract under applicable law or regulation; (b) be an individual, legal person or other organization with full legal capacity and authority to enter into these Affiliate Terms; (c) have previously created an Account; and (d) have not previously been prohibited from using the Program.
The Company reserves the right to request documentation in order to approve your Account. These requests may be made during the Affiliate Program application process or at any time while you have an active Account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, then the Company reserves the right to terminate, deactivate, or not approve your Account.
2. Program Description
The Affiliate Program allows you to elect to participate in receiving revenue from users who purchase Bitcoin through the Site (“Users”) that you refer to the Site and who open an Account using a referral link (“Referral Link”) you provide, as set forth below. You can participate in the Affiliate Program either by referring Users to the Site (each person so referring Users, an “Affiliate”) or as a User. Participation in the Affiliate Program is entirely voluntary and is not required to use the Site.
3. Referrals
“Qualified Referral” means Users referred by you to the Site who: (a) click on your unique Referral Link; and (b) within thirty (30) days of clicking on your unique Referral Link, successfully create an account on the Site (the “Account”).
Affiliates who share the same personal information, including but not limited to, first and last name, email address, or government-issued identification, as a referred User may be deemed to have made a “Self-Referral.” The Company, in its sole discretion, will determine: 1/ the classification of any referral as a Self-Referral; and 2/ whether Commission will be paid for any Self-Referral.
4. Commissions; Qualified Referral Compensation
Unless otherwise agreed to in writing by the Company, an Affiliate will receive 25% of the Company’s gross fees earned from a Qualified Referral for a period of up to one (1) year (the “Commission”). The Company may change the amount of the Commission at any time by revising these Affiliate Terms as provided herein, provided that if an Affiliate has Commissions pending at the time such changes are made, the pending Commissions will be paid in the amount under the Affiliate Terms that were valid at the time the referred User became a Qualified Referral.
Commissions become payable sixty (60) days after the referred User becomes a Qualified Referral, but may be sooner in our sole discretion or later due to reasons beyond our reasonable control.
Commissions will be paid in Bitcoin or USD, in our sole discretion, and will be deposited in an Affiliate’s Account with a qualified custodian (the “Custodian”). Creating an account with the Custodian shall be subject to the Terms and the Custodian’s Terms of Service (“Custodian Terms”). If, at the time you become an Affiliate, you have not yet established or created an Account with the Custodian, creating such an Account shall be a prerequisite (i.e., a requirement) for you to receive any Commission. If the Custodian refuses to open an Account for you for any reason or no reason at all, then you shall forego your rights to all Commissions you have earned and you shall have no recourse against the Company or the Custodian to obtain such Commissions.
You are responsible for paying all applicable fees associated with accepting Commissions through the Custodian, pursuant to the Custodian Terms or otherwise.
From to time, the Company in its sole discretion may offer Qualified Referrals certain incentives, including without limitation a bonus in USD or Bitcoin for opening an Account. In such circumstances, a Qualified Referral who does not affirmatively claim the incentive within twelve (12) months from the date of opening such Account will forfeit such incentive in its entirety. Qualified referrals must also reside in the United States to qualify for the USD or Bitcoin bonus for opening an account.
5. Relationship of the Parties
Nothing in these Affiliate Terms shall be construed to create any partnership, joint venture, franchise, sales representation, or employment relationship between you and the Company. You are not permitted to speak for the Company or any of its Affiliates or bind the Company in any way, and you have no authority to do so. You must not make any claims, representations, or warranties in connection with the Company, including with respect to the Site or the Affiliate Program.
The parties acknowledge that Affiliate is an independent contractor for the Company and shall not be treated as an employee for federal or state tax purposes or for any other purpose, and you shall not be entitled to receive any employee benefits from the Company or participate in any employee benefit plans.
Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of the Company, you agree to indemnify, hold harmless and (at the Company’s option) defend the Company, its affiliates its affiliates and their officers, directors, employees, agents, successors, and assigns (together, “Indemnitees”) from and against any losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (“Claims”) by any person, entity, or government body arising from such implied agency or representative relationship.
You are responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any payments made to you, including without limitation income taxes; sales; personal property; use; VAT; excise; withholding; Social Security and Medicare taxes; self-employment taxes and disability insurance. The Company shall have the right to withhold from any amounts payable to you such federal, state, local or foreign taxes as may be required to be withheld under any applicable law or regulation. As a resident of the United States or one of its territories, if you earn more than six hundred dollars ($600) of Commissions in a calendar year, then you will be required to complete and return to the Company a Form W-9, as instructed by the Company, and the Company will deliver to you a Form 1099-MISC.
6. Responsibilities
You acknowledge that the intention of the Affiliate Program is to encourage referrals of new Users to the Site. You agree to act reasonably and in good faith in accordance with this intention.
You must not refer any person who is a contractor or service provider of the Company.
In connection with your activities as an Affiliate, including when referring persons to the Site, you must comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including, without limitation, all privacy and data security laws and the terms and conditions of all applicable third-party web sites, platforms or applications, including by making disclosures in accordance with the FTC Endorsement and Testimonial Guidelines.
While we encourage referrals of friends and family members, if, e.g., you act in an intentionally fraudulent manner, we may, in our sole discretion, deem the following types of Accounts to NOT be Qualified Referrals: (i) an Account owned or controlled by you or a member of your immediate family or household, or (ii) an Account owned or controlled by a person who is already a User.
You are responsible for any costs or expenses associated with your activities as an Affiliate, and you incur any costs and expenses entirely at your own risk.
To the extent you make any statements in connection with referring people to the Site as an Affiliate, such statements must (i) be professional, accurate, and truthful; (ii) not be misleading or deceptive (for example, do not embellish the nature of your relationship with the Company); and (iii) not be offensive, illegal or obscene. We reserve the right to review and request changes to any materials that make reference to the Program in our sole discretion. In the event we request any changes, you will cooperate and fulfill any such requests in a prompt manner. You are prohibited from paying to advertise your Referral Link.
You agree not to engage in spam, any electronic messaging (including without limitation texts, video and audio messages, SMS, and direct messages) that is prohibited by applicable laws or regulations, illegal solicitation, or fraudulent or deceptive solicitation. You will not share or publish your Referral Link in a manner that would be in violation of applicable anti-spam laws or where there is no reasonable basis for believing that recipients of the Referral Link would be interested in using our services. You are prohibited from mass texting or messaging people you do not know or using automated systems or bots through any channel to distribute your Referral Link.
7. Marketing
You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not and will not violate any of these restrictions:
Affiliates shall not make any false, deceptive or misleading statements with respect to the Affiliate Program, the Company or its employees, Users, the Site, or any Affiliate.
Affiliates shall not disclose any confidential information obtained regarding the Company, the Affiliate Program, Users, the Site or any Affiliate.
Affiliates shall not make any derogatory or defamatory statements regarding the Company, the Affiliate Program, Users, the Site, or any Affiliate, or any offensive statements or comments that have the purpose or effect of creating an intimidating or hostile environment in connection with the Affiliate Program.
Affiliates shall not make any statements that infringe upon the intellectual property, privacy, or publicity rights of others.
Affiliates shall not use ethnic slurs, personal insults, obscenity, or other offensive language in connection with the Affiliate Program, any Users, the Site or any Affiliate.
Affiliates shall not create websites or advertisements that copy, imitate, or resemble the Site or the look and feel of the Site. Affiliates shall not copy the Site or any portions thereof, including, without limitation, any of the Company’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without the Company’s prior express written consent.
Affiliates shall not engage in marketing the Site, the Affiliate Program, or any brand associated with the Company on any search engine, including but not limited to, Google.
Affiliates shall not offer cash back, coupons, rewards or other incentives, including running any sweepstakes or contests, as part of their marketing efforts for the Affiliate Program.
Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods.
Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s Referral Link.
Affiliates shall not bid on or use any Company trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines.
Affiliates shall not use redirected pages and links to send a potential customer to the Site.
Affiliates shall not engage in domain forwarding (i.e., purchasing a domain and setting it to forward directly to the Site using an affiliate link).
Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of the Company, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
Affiliates shall not engage in any marketing, promotional, or other activities that violate applicable laws or regulations, including without limitation the privacy laws or regulations in any state or territory where Affiliates collect any information from consumers.
Affiliates shall not use malware or spyware to market or promote the Company or the Site.
When you post about the Company and/or the Site, you must disclose your connection with the Company as an Affiliate, including the fee that will be paid to you, in a manner that potential Users can easily find and understand and allows them to obtain sufficient information to make a judgment about the value of your endorsement. In addition, you must:
Ensure the disclosure is well-placed so it can be easily noticed and prominent, so it can be easily read.
Not include a disclosure in a bio, below the fold, in a hyperlink, or among a series of hashtags, other disclosures, or general copy.
Superimpose a material connection disclosure on images, including on Snapchat and Instagram Stories. The disclosure should be easy to notice and read in the time that followers have to look at the image and be well-contrasted against the image.
In video posts, place the disclosure both within the video itself, and in the description of the video, and display the disclosure long enough for a consumer to be able to read and understand it.
Only promote on Facebook, Twitter, and other social media platforms in accordance with each social media platforms’ applicable terms of use and the following general guidelines:
You are permitted to promote the Company, our services and the Program to your own contacts, and you may use your Referral Link on your own Facebook, Twitter, and other social media pages.
You are prohibited from posting your Referral Link on our Facebook, Twitter, Pinterest, and other social media pages or threads in an attempt to turn your Referral Link into Referral Commissions.
You are prohibited from creating a social media account that includes our trademarks in the page name, username and/or handle.
In Instagram posts, disclose a material connection before the “More” button.
For a live stream, repeat the disclosure as needed to ensure that potential buyers see it or keep it posted throughout the live stream.
viii. If you intend to promote the Program via e-mail campaigns, you must adhere to the following:
E-mails must first be submitted to us for approval prior to being sent and we must be sent a copy of the e-mail.
E-mails must be sent by, or on behalf of, you and must not imply that the e-mail is being sent by, or on behalf of, us.
Abide by applicable laws and regulations, including without limitation anti-spam laws and regulations.
If the posts are part of an online chat or tweets, or a similar thread, make the disclosure clearly in the first entry into the conversation thread, and then add to subsequent entries at 3-10 entry intervals depending on the media and the length of the thread.
Disclose the material connection even when just tagging the product in a photo.
Follow any other requirements of the brands in a separate agreement or policy applicable to you.
8. License
You grant to us a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license, during the term of your time as an Affiliate, to use your name and likeness on our website as a social media partner using our Site. You may revoke the forgoing license at any time by written request delivered to us at support@swanBitcoin.com. Such revocation will take effect reasonably promptly after we receive such written request.
9. Non-Exclusive; No Obligation
The Affiliate Program is not exclusive. Without limiting any separate agreement that you and the Company may choose to enter into regarding exclusivity, nothing in these Affiliate Terms will preclude either party from doing business separately with any other entity or person, including the performance of marketing, sales, or promotional services for such entities or persons.
Your participation in the Affiliate Program does not grant you any additional right to use or continue to use the Site.
10. Assumption of Risk
You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable laws and regulations, and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any Claims filed against you or any Indemnitee pursuant to the Indemnification provisions in Section 14 below, including, but not limited to, all damages related to participation in the Affiliate Program.
11. Proprietary Rights
You will not use, distribute or modify any of the Company’s intellectual property, including but not limited to, the Company’s trademarks, text, images, videos, or documents except as permitted in the Terms. The Company’s rights to the content or other materials you create or use in connection with the Affiliate Program are as set forth in the Terms.
12. Disclaimer
THE AFFILIATE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES, IN CONNECTION WITH THE PROGRAM OR THESE AFFILIATE TERMS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO GUARANTEES THAT YOUR PARTICIPATION IN THE AFFILIATE PROGRAM WILL RESULT IN COMMISSIONS, CONTINUED OR FUTURE BUSINESS WITH THE COMPANY, OR OTHER BUSINESS OPPORTUNITIES FOR YOU.
13. Limitation of Liability
IN ADDITION TO THE LIMITATION OF LIABILITY SET OUT IN THE TERMS, THE COMPANY ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES (AS DEFINED BELOW) DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO:
THESE AFFILIATE TERMS;
THE AFFILIATE PROGRAM OR YOUR PARTICIPATION IN IT;
ANY COMMUNICATIONS YOU HAVE WITH A USER OR OTHER PERSON REGARDING THE AFFILIATE PROGRAM;
ANY BREACH OF THESE AFFILIATE TERMS;
ANY FAILURE BY YOU TO COMPLY WITH APPLICABLE LAWS OR REGULATIONS (INCLUDING WITHOUT LIMITATION LAWS GOVERNING PRIVACY OR ELECTRONIC MESSAGING);
ANY ACTIONS OF THE CUSTODIAN, INCLUDING ITS REFUSAL TO OPEN AN ACCOUNT FOR YOU IN ORDER FOR YOU TO OBTAIN COMMISSIONS; AND
ANY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS BY YOU.
YOU HEREBY AGREE TO RELEASE THE COMPANY AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AND CONTRACTORS (THE “COMPANY RELEASEES”) FROM LIABILITY FOR ANY AND ALL LOSSES, DAMAGES, COSTS, OR FEES (THE “LOSSES”), AND YOU SHALL INDEMNIFY AND SAVE AND HOLD THE COMPANY RELEASEES HARMLESS FROM AND AGAINST ALL LOSSES ARISING OR RELATED TO THE FOREGOING. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY OR LOSSES ARE BASED ON CONTRACT, NEGLIGENCE, TORT, UNJUST ENRICHMENT, STRICT LIABILITY, VIOLATION OF LAW OR REGULATION, OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF ANY OTHER REMEDIES.
IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO APPLICABLE LAW OR REGULATION, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE COMPANY RELEASEES FOR ALL LOSSES (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO COMPANY FOR ANY CORRESPONDING PRODUCTS, GOODS, AND/OR SERVICES.
14. Indemnification
In addition to the Indemnification requirements set forth in the Terms, you agree to indemnify, defend, and hold harmless each and all Indemnitees from and against all Claims resulting from any violation of these Affiliate Terms by you or arising from or related to your participation in the Affiliate Program.
15. Term; Termination
Your participation in the Affiliate Program, and the application of these Affiliate Terms commence when a User enters your Referral Link for the Affiliate Program in setting up an Account, or when you generate a Referral Link, or send a Referral Link to any person or take other steps to engage a person to become a User and participate in the Affiliate Program. These Affiliate Terms will apply until your participation in the Affiliate Program ends. If your participation in the Affiliate Program ends, all payment of Commissions that have not already accrued will end on the same date. These Affiliate Terms will continue to apply after your participation in the Affiliate Program ends. You agree that the Company, in its sole discretion, may suspend or terminate your participation in the Program if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Affiliate Terms. In addition, any suspected fraudulent, abusive or illegal activity may be grounds for termination of your participation in the Program and forfeiture of any Commissions obtained through or in conjunction with such activity. You agree that you will participate in the Program only in a manner that complies with all applicable laws and regulations, and that you are solely responsible for any improper or unlawful activity in connection with your participation in the Program. Either you or the Company may terminate your participation in the Program for any or for no reason with prior written notice. Your participation will also automatically terminate with or without notice if the Company terminates the Program in its sole discretion.
16. Unlawful Activity; Termination of Access
The Company reserves the right to investigate complaints or reported violations of these Affiliate Terms and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities. The Company may discontinue your participation in the Affiliate Program at any time for any reason or no reason.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone participating in the Affiliate Program. YOU WAIVE AND HOLD HARMLESS INDEMNITEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
17. Entire Agreement; Severability; No Waiver; Modification
These Affiliate Terms, along with the Terms and any Custodian Terms, constitute the entire agreement with respect to participation in the Affiliate Program. If any provision of these Affiliate Terms is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
18. Dispute Resolution
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate ALL disputes with US and limits the manner in which you can seek relief.
You and the Company agree to resolve any controversy, claim or dispute arising out of or relating to the subject matter of these Affiliate Terms or to the Affiliate Program through confidential, final and binding arbitration.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any arbitration shall be conducted (a) confidentially, (b) in English, (c) by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), (d) before a single arbitrator with substantial experience in resolving commercial contract disputes, (e) in accordance with the JAMS Comprehensive Arbitration Rules & Procedures; and (f) in Los Angeles County, California. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the Company, to the fullest extent permitted by law, waive all rights to a jury trial instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THE TERMS TO ARBITRATE.
These Affiliate Terms are governed by and shall be construed in accordance with the laws of the state of California, without regard to its conflict of laws provisions.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. A CLAIMANT OR THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION OR JOINT LITIGATION. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY, ON A CLASS BASIS OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS REPRESENTATIVE IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.