Treering Terms Of Service

Last Updated: October 18, 2022

Please read these Terms of Service (the "Terms") and our Privacy Policy ("Privacy Policy") carefully because they govern your use of the website located at https://www.treering.com (the "Site") and services accessible via the Site offered by Treering Corporation ("Treering"). To make these Terms easier to read, the Site and our services are collectively called the "Services."

Our Services allow school administrators on behalf of schools (each, a "School") collaborate with parents (including legal guardians) and students within Treering's social community in the creation of personalized yearbooks commemorating individualized school experiences.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TREERING THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity. If you are a parent or legal guardian of a student (or other minor), you are agreeing to these Terms on behalf of yourself and such person who are authorized to use the Services. If you do not agree with these Terms, you may not use the Services. If you are an administrator or teacher at a School, these Terms apply to your use of the Services, unless your School has agreed to different or supplementary terms governing access to and use of the Services in a separate written agreement with Treering.

2. Privacy Policy.
Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services.
We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?
(a) Eligibility and Registration. While some aspects of the Services are provided to all users, for other aspects, such as the ability to create an account, post any User Content, create or customize your or your School's yearbook or use social features, you must be at least 13 years of age. For certain features of the Services you'll need an account. It's important that you provide us with accurate, complete and current account information and keep this information up to date. If you don't, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You're responsible for all activities that occur under your account. If you are a student and under the age of 13, you must have your parent or legal guardian create an account for you before you can access and use the Services.

(b) Access Codes. In order to access certain features of the Services, you must receive an access code from your School. If you are a parent, legal guardian or a student, your access to and use of the Services will be subject to privileges and restrictions set by your School. If you have problems accessing a Treering account set-up with a third party access code we recommend you check with the School that provided you with the related access code. Treering will have no responsibility to you or any other third party for your inability to access or use the Services related to such an account and disclaims any liability related thereto.

5. Feedback
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

6. Payments.
Setting up an account is free. If you purchase a yearbook or other product via our Services, which may include additional fees or payments required by the School, TreeRing (or our third party payment processor) will charge the payment method you designate via the Service.

(a) Charges. When you submit an order using the Service (each a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, shipping and billing policies applicable to such amounts and charges, as posted or otherwise communicated to you, including the payment of the Additional Amount and shipping, if any. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All amounts and applicable taxes, if any, are payable in United States dollars.

(b) Additional Payments. Where additional fees or payments are required by a School (“Additional Amounts”), TreeRing makes no representation with respect to fees or payments, or any part thereof, and will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization of any such Additional Amounts by you, any School or any other user of the Services. TreeRing does not control what any School does with any Additional Amounts paid to the School and TreeRing does not and cannot warrant or represent the actual purpose to which any Additional Amounts will be used by the recipient School. School is solely responsible for ensuring that Additional Amounts that School receives are ethically and legally allocated and in accordance with supporter’s expectations. School agrees to comply with all applicable laws related to School’s use of the Services and all Additional Amounts made to School, regardless of the purpose of the use, including any laws relating to raising such funds. If any state regulatory agency with jurisdiction over School’s fundraising activities has concerns regarding School’s fundraising activities using the Services, we may direct these concerns to School in our discretion. We will of course cooperate in any investigation by any regulatory agency with concerns that a law is being violated by the School or its users using our Services.

If you are a School, unless otherwise agreed to by School and TreeRing in writing, such Additional Amounts will be made available to you 60 days following completion of all purchases for yearbooks for a school year, or as otherwise agreed in writing by the parties (in a purchase order or otherwise). TreeRing may attempt to verify a user’s identity and other information provided to us by a user, and we may delay, withhold, reverse or refund any amounts paid without notice or liability in the event we are unable to verify any information to our satisfaction. In addition, any Additional Amounts not claimed by School within 2 years of such Additional Amounts being made available to School shall become the property of TreeRing and TreeRing shall have no obligation to pay such Additional Amounts to School following such date.

(c) Payment and Cancelling a Transaction. If you need to cancel a Transaction or an order after placing it, please contact us at support@treering.com. Except as provided in these Terms, all Additional Amounts and all payments made to TreeRing are NON-REFUNDABLE. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction.

(d) Taxes. You will be responsible for all sales, use, ad valorem and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, multinational or local governmental regulatory authority on any amount payable by you to TreeRing hereunder, other than any taxes imposed on TreeRing’s income.

(e) Reprint Policy. Subject to the requirements of this Agreement, you may request a reprint for damaged or defective products within 90 days of the shipment date. TreeRing reserves the right to charge you for shipping the reprint. No reprints are available after the 90-day period has expired. TreeRing may change this reprint policy in accordance with Section 3

7. Schools' Obligations
The following terms apply to school administrators and teachers, regarding the School's obligations related to the Services.

(a) Compliance with Laws and Consents. The School is responsible for ensuring that its and any other user's use of the Services under Treering's agreement with the School will not violate any applicable U.S., state, or foreign law or regulation, including without limitation, applicable privacy laws. The School will be solely responsible (and the School hereby agrees that Treering is not responsible) for compliance with the Family Educational Rights and Privacy Act and the Child Online Privacy Protection Act (COPPA), including without limitation, by limiting access to the Services to those student users from whom the School has received valid consent forms and complying with all parental requests (including request of legal guardians) regarding the collection, use and disclosure of such parent's (or legal guardian's) child's information. The School is responsible for disseminating parental/guardian consent forms to parents and legal guardians of potential student users, for confirming receipt of valid consent forms for each child before granting a parent or legal guardian and/or that parent's (or legal guardian's) child an access code for the Services, and for retaining such consent forms on file. The School must provide parent/legal guardian users with the option to agree to the collection and use of such parent's (or legal guardian's) child's personal information without agreeing to the disclosure of the information to third parties. If a parent or legal guardian user does not consent or rescinds such consent, the School shall immediately notify Treering to discontinue that child's access to the Services and ensure that such child's information is no longer accessible through the Services. In any case, however, Treering may provide any collected information to third parties who use it to provide support for the internal operations of Treering.

(b) Review of Content. The School decides who has access to what information and User Content (defined below) and who can delete or modify the information and Content. The School is responsible for providing parent and legal guardian users access to their child's profile so the parent or legal guardian user may review, modify, or delete any student user information contained in the student user's profile by allowing the parent or legal guardian to edit the child's profile on the Services.

(c) School's Obligations. The School (and not Treering) is solely responsible for all consequences of the performance or non-performance of its obligations in these Terms, including this Section 7. Treering hereby disclaims any and all liability for the School's failure to perform its obligations under the Terms.

(d) Pricing. The School (and not Treering) is responsible for determining the price of yearbooks and other products sold to such School's users.

8. Your Content
(a) Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as "User Content". Treering does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.

(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Treering a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

(c) Use of Your Content by Your School. You may elect to share your User Content with your School and your School's other users in connection with your use of the Services. You hereby grant to your School (including its related third party vendors, including but not limited to photographers and yearbook publishers) a nonexclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access any shared User Content in connection with the Services and Treering's provision of the Services to such School, including, without limitation, publishing and redistributing User Content in the School yearbooks.

(d) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Treering or the School on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(e) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(f) Treering's Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

(g) School's Review of Your User Content. Your School has the right to edit or remove any of your User Content at any time for any reason in their sole discretion. If you dispute the editing or removal of any of your User Content, you must contact your School for resolution of the dispute. Treering disclaims all liability for such editing or removal and will not arbitrate any disputes over removal of your User Content with you and your School.

9. Rights and Terms for Apps.
(a) App License. If you comply with these Terms, TreeRing grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

(b) Additional Information: Apple App Store. This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

10. General Prohibitions and Treering's Enforcement Rights.
You agree not to do any of the following:

(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, libelous, abusive or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Use, display, mirror or frame the Services or any individual element within the Services, Treering's name, any Treering trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Treering's express written consent;

(c) Access, tamper with, or use non-public areas of the Services, Treering's computer systems, or the technical delivery systems of Treering's providers;

(d) Attempt to probe, scan or test the vulnerability of any Treering system or network or breach any security or authentication measures;

(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Treering or any of Treering's providers or any other third party (including another user) to protect the Services;

(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Treering or other generally available third-party web browsers;

(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(h) Use any meta tags or other hidden text or metadata utilizing a Treering trademark, logo URL or product name without Treering's express written consent;

(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(n) Impersonate or misrepresent your affiliation with any person or entity;

(o) Violate any applicable law or regulation; or

(p) Encourage or enable any other individual to do any of the foregoing.

Treering is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. DMCA/Copyright Policy.
Treering respects copyright law and expects its users to do the same. It is Treering's policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Treering's Copyright and IP Policy here, for further information.

12. Shipment and Delivery
You acknowledge and agree that all scheduled shipment dates, including as stated in any order confirmation provided through the Services, are estimates only. Treering will make reasonable efforts to meet the scheduled shipment dates, but in no event will Treering be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed an agent of Treering. Treering will have the right to ship products purchased via the Services in installments and separately invoice you for such installments. Treering will have the right to allocate its available inventory among its customers in such manner as Treering deems equitable.

13. Links to Third Party Websites or Resources
The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. Links to such websites or resources do not imply any endorsement by Treering of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

14. Termination.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You, or your parent or legal guardian who has agreed to these Terms on your behalf if you are under 13 years old, may cancel your account at any time by sending us an email at support@treering.com. Once your membership terminates for any reason, you will not be permitted to use the Services. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6(a), 6(b) (only for payments due and owing to Treering prior to the termination), 6(c), 6(d), 7(a), 7(b), 8(b), 8(d), 8(f), 9, 13, 14, 15, 16, 17, 18 and 19.

15. Warranty Disclaimers.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. Treering makes no representations or warranties as to the conduct of users of the Services or their compatibility with any current or future users of the Services.

16. Indemnity.
(a) If you are a parent, legal guardian or student user of the Services, you will indemnify and hold Treering and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of these Terms.

(b) If you are a School, you will indemnify and hold Treering and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your or your students' (including their parent's and/or legal guardian's) (i) access to or use of the Services, (ii) User Content, or (iii) violation of these Terms.

17. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TREERING NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING BUT NOT LIMITED TO PHOTOGRAPHERS AND YEARBOOK PUBLISHERS) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TREERING OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TREERING'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO TREERING FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TREERING, AS APPLICABLE.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TREERING AND YOU.

18. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) that you and Treering are not required to arbitrate will be the state and federal courts located in the Northern District of California and you and Treering each waive any objection to jurisdiction and venue in such courts.

19. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Treering agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Treering are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f) Class Action Waiver. YOU AND TREERING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g) Severability. With the exception of any of the provisions in Section 18(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

20. General Terms.
(a) Reservation of Rights. Treering and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Treering and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Treering and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Treering's prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Treering may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(c) Notices. Any notices or other communications provided by Treering under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

(d) Waiver of Rights. Treering's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Treering. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

21. Contact Information.
If you have any questions about these Terms or the Services, please contact Treering at support@treering.com or 217 S. B St, San Mateo, California 94401.