Fanstake, Inc. (“Fanstake”) is a digital platform which assembles team-specific fanbases and establishes relationships with athletes who enter into name, image and likeness endorsement contracts (each a “NIL Contract”) with Fanstake.

These Terms of Service outline the terms and conditions governing your use of Fanstake’s website available at https://www.fanstake.com (“Website”) or its mobile application, to the extent that we may offer a mobile application (“App”, together with the Website, the “Platform”). Your use of the Platform, and the Services, as defined below, are subject to your compliance with these terms and conditions of service (the “Terms”). Please carefully read these Terms, including the Fanstake Privacy Policy available athttps://fanstake.com/privacy before you use the Services or access the Platform. If you do not agree to these Terms, you must not use any part of the Platform.

We may update or amend these Terms from time to time without notice to you by posting a revised version of the Terms in the footer of our Website or within our App. Any changes will be effective prospectively as of the date noted when the updated Terms are posted. It is your responsibility to periodically review these Terms in case of any such updates or amendments. Your continued use of the Services or Platform will constitute an agreement to any revised or updated Terms. If you do not agree to any updates or amendments, you must stop using the Services.

1.  Acceptance and Services Overview. These Terms constitute a legally binding agreement between Fanstake and its subsidiaries, affiliates, agents, service providers, and assigns (“we”, “our” or “us”) and you (“you” or “your”). The Terms govern your use of services, products, features, functions, technologies, the Platform or content offered on the Platform or through the services, and all related sites and applications, regardless of how accessed, including by computer, mobile phone, tablet or any other device (collectively, the “Services”).
By signing up for the Service, using the Platform, or by clicking a button or checking a box marked “I Agree” (or something similar), you understand and agree to comply with these Terms, and all applicable local, state, national and international laws and regulations. You may not use the Services if you do not agree to and accept the Terms.

2. Services with Additional Terms; Business Days. Some of our Services may be subject to our additional terms, conditions, agreements, policies, guidelines, rules and schedules, which will be posted or made available separately from these Terms when the Service is offered (“Additional Terms”), including our Privacy Policy, located at https://fanstake.com/privacy and the AAA Rules (described in Section 19). Such Additional Terms are incorporated into and form a part of these Terms. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. For purposes of these Terms, our business days are Monday through Friday. Holidays are not included.

3. Changes to these terms; Modification of Services. We may change these Terms from time to time. For example, we might change these Terms if there are changes to our Services, our technology, applicable laws, or for other reasons. If we do that, we will give you notice by posting the updated Terms on the Website or within the App. Any changes will become effective immediately after they are posted and will apply to your use of our Services after the changes become effective, except that changes addressing modifications to our Services or new functions or changes made for legal reasons may be effective immediately, with or without notice to you. Your continued use of our Services after these Terms have changed means that you accept those changes. If you do not agree to any changes, your only recourse is to stop using our Services. We may discontinue, temporarily or permanently, our Services or any part of our Services, or otherwise change our 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 our Services.

4. Eligibility. You may use the Services only if you can form a binding contract with us. You must be eighteen (18) years or older and a resident of the United States in order to create an account with Fanstake (“Account”).  You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services are not available to any person previously removed from the Services for any reason. Fanstake reserves the right to deny the Services to any person for any reason in its sole discretion to the full extent permitted under applicable law.

5. Account Registration; Security. When you create an Account, you may be required to pick a username, password, and/or other access credentials. Registration data and certain other information about you are governed by our Privacy Policy. You are solely responsible for the use of the Services under your Account, for maintaining the confidentiality of your Account and access credentials, and for restricting access to your computer and any other devices you use to access your Account, and you agree to accept responsibility for all activities that occur under your Account or access credentials. You may not assign or otherwise transfer your Account to any other person. You acknowledge that we are not responsible for third-party access to your Account, including access that results from theft or misappropriation of your Account or access credentials. We reserve the right, in our sole discretion, to refuse or cancel Services or terminate Accounts. You agree to (a) provide us with complete, accurate and up-to-date information for your Account and you agree to update such information and keep it accurate, complete and up-to-date; if you don’t, we might have to suspend or terminate your Account; (b) immediately notify us of any unauthorized use of your access credentials or Account or any other breach of security; and (c) ensure that you exit from your Account at the end of each session when accessing our Services. We will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Mobile Services. We may offer our Services via a mobile device, including the ability to access certain features through the App (collectively, the “Mobile Services”). To the extent you access our Services or send or receive any communications with us through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using our Mobile Services, you agree that we may communicate by electronic means to your mobile device and, as a result, that certain information about your usage of our Mobile Services may be communicated to us.

7. Rights and Terms for App.

Rights In App Granted by Fanstake.
Subject to your compliance with these Terms, Fanstake grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Fanstake reserves all rights in and to the App not expressly granted to you under these Terms.
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Third-Party Distribution Channels.
The App and other Software (defined in Section 12) may be made available through the Apple, Inc. (“Apple”) App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you use any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
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Apple-Enabled Software.
If the Software is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

‍Google-Sourced Software:
The following applies to the App if you acquire it from the Google Play Store (“Google-Sourced Software”):

8. Stakes, Conversions, Refunds, Withdrawals.
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Stakes.
The Platform allows you to purchase a "Stake" from Fanstake. A Stake is a service commitment by Fanstake to pursue the recruitment of an athlete you select to join a particular college athletic program for a certain season, with the eventual goal of Fanstake entering into an NIL Contract with the athlete. Stakes do not represent interests of any kind in Fanstake, its assets, or any NIL Contract.  Fanstake is a for-profit company and your purchase of a Stake is not tax-deductible as a charitable contribution.  A Stake is simply a commitment by Fanstake to provide a service.  Once you purchase a Stake, you are not permitted to withdraw or modify your Stake.  
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Conversion of Stakes.
If the athlete you selected (“Selected Athlete”) selects the school associated with your Stake by making a public announcement of their school choice or otherwise notifying Fanstake of their choice (“Formal School Selection”), Fanstake will endeavor to enter into an NIL Contract with the Selected Athlete to endorse Fanstake.
Fanstake, in its sole discretion, will determine and establish the value of the NIL Contract, including the dollar amount and other incentives offered to the Selected Athlete. Any payments and other obligations owed to a Selected Athlete under the NIL Contract are owed solely by Fanstake.
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Fanstake, in exchange for executing a NIL Contract with a Selected Athlete, may retain a commission based on a percentage of the total value of Stakes paid to the Selected Athlete, as determined by Fanstake in its sole discretion.
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If the Selected Athlete does not choose the school associated with your Stake, Fanstake will credit the full Staked amount to your Account within ten (10) days of the Selected Athlete’s Formal School Selection. You can apply the credited amount to another Stake associated with another Selected Athlete.
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If the Selected Athlete selects the school associated with your Stake but chooses not to enter into an NIL Contract with Fanstake, Fanstake will still credit the full Staked amount to your Account within ten (10) days of the latter of: 1) the Selected Athlete’s rejection of the NIL Contract or 2) Fanstake’s determination that the Selected Athlete will not enter into an NIL Contract. You will be notified of these events, as applicable, on your Fanstake dashboard. You can apply the credited amount to another Stake associated with another Selected Athlete.
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Refunds and Withdrawals.
All Stakes represent purchases from Fanstake and are final and non-refundable. This ensures that Selected Athletes have a clear understanding of the total value of the Stakes associated with specific schools when making their school selection, helping maintain the integrity of the Stake process and providing athletes with the assurance they need to make informed decisions.
Although Stakes are final and non-refundable, when a Selected Athlete chooses a school that is not associated with your Stake or if Fanstake is not able to engage the Selected Athlete in an NIL Contract, the Staked amount will be credited to your Account as set forth above.
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Subject to Fanstake’s approval, you may request a refund of your Platform credits, subject to a third-party processing fee (approximately 6%), which will be withheld from the refund, by contacting support@fanstake.com. Refunds can only be sent back to the original payment method used when purchasing the Stake.

9. Payments and Taxes
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Unless otherwise denoted, all fees are assessed in U.S. dollars. You also agree that we and any third-party service providing payment processing services may store and use your payment information and method provided, if any. We may charge your payment information for subsequent charges you authorize, such as account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not edit the applicable information, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. You agree to reimburse us for all collection costs and interest for any overdue amounts.
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To the extent that we are required by law to charge and collect taxes on products that we sell, such taxes are charged based on the applicable tax laws. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. At checkout, all appropriate taxes will be added to the order total. The tax amount displayed during checkout is an estimate of the tax applicable to your order. This amount may vary slightly from the actual amount of tax payable in connection with your order due to different tax rates which apply as a result of the origin and destination of the item(s) being purchased, as well as other factors.

10. Prohibited Activities
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Below are examples of the kind of use that is illegal or prohibited (“Prohibited Activities”). We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Section, including suspending or terminating Accounts of such violators, and reporting such violators to law enforcement authorities. You agree to not use our Services to:

11. Territorial Restrictions
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Software available in connection with our Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from our Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using our Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all domestic and foreign laws regarding your use of our Services.

12. Intellectual Property Rights
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Services Content, Software, and Trademarks.
You acknowledge and agree that our Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Platform, our Services or the Services Content, in whole or in part. In connection with your use of our Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by us from accessing our Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the Platform. our Services or the Services Content other than as specifically authorized in these Terms is strictly prohibited. The technology and software underlying our Services or distributed in connection with our Services are the property of Fanstake, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in these Terms are reserved by us. Our respective names and logos are our trademarks and service marks (collectively, the “Trademarks”). Other product and service names and logos used and displayed via our Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms, any Additional Terms or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on our Services, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to our exclusive benefit.

Third-Party Material.
Under no circumstances will we be liable in any way for any materials of any third parties, including for any errors or omissions in any third-party’s material, or for any loss or damage of any kind incurred as a result of the use of any third party’s material. From time to time, the Services may contain references or links to third-party materials not controlled by Fanstake or its suppliers or licensors. Fanstake provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites.

Feedback.
You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Fanstake (“Feedback”) to Fanstake. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Fanstake is free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information, and you are not entitled to any compensation or reimbursement of any kind from Fanstake under any circumstances relating to such Feedback.
• Third Party Websites, Links, and Information.

Our Services may provide, or third parties may provide, links or other access to third-party websites, materials, or information that are not owned or controlled by us. We have no control over such sites and resources, and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using our Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
• Indemnity and Release.

You agree to release, indemnify, and hold us, our third-party product providers, our and their affiliates, officers, employees, directors, shareholders, and agents harmless from any and all losses, damages, judgments, settlements, fines, penalties, fees, costs and expenses, including reasonable attorneys’ fees, claims, actions of any kind, proceedings, and injury (including death) arising out of or relating to your use of our Services, any Services Content, your connection to our Services, your violation of these Terms, or your violation of any rights of another.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

13. Third Party Websites or Links
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Our Services may provide, or third parties may provide, links or other access to third-party websites, materials, or information that are not owned or controlled by us. We have no control over such sites and resources, and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using our Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.

14. Indemnity and Release
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You agree to release, indemnify, and hold us, our third-party product providers, our and their affiliates, officers, employees, directors, shareholders, and agents harmless from any and all losses, damages, judgments, settlements, fines, penalties, fees, costs and expenses, including reasonable attorneys’ fees, claims, actions of any kind, proceedings, and injury (including death) arising out of or relating to your use of our Services, any Services Content, your connection to our Services, your violation of these Terms, or your violation of any rights of another.
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If you are a California resident, you waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

15. Disclaimer of Warranties
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Your use of our services is at your sole risk. Our services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that our services will meet your requirements, that our services will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of our services will be accurate or reliable, or that the quality of any products, services, information, or other material obtained by you through our services will meet your expectations.

16. Limitation of Liability
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You expressly understand and agree that we and any third party service providers will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (a) the use or the inability to use our services; (b) the cost of services purchased or obtained, or messages received or transactions entered into through or from our services; (c) unauthorized access to, or alteration of, your transmissions or data; (d) statements or conduct of any third party on our services; or (e) any other matter relating to our services. In no event will our total liability to you for all damages, losses, or causes of action exceed the amount you have paid to us in the last 3 months or, if greater, $100. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of our services or with these terms, your sole and exclusive remedy is to discontinue use of our services.

17. Termination
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You agree that we, in our sole discretion, may suspend, restrict access to, or terminate your Account or use of our Services, including but not limited to canceling or suspending certain transactions, for any reason, including for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Engaging in any suspected fraudulent, abusive, or Prohibited Activity may be grounds for termination of your use of our Services may be referred to appropriate law enforcement authorities. You agree that any termination of your access to our Services under any provision of these Terms may be effected without prior notice and acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or our Services, subject to applicable law. Further, you agree that we will not be liable to you or any third party for any termination of your access to our Services.

18. Governing Law; Venue
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These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth below, you and we agree to submit to the personal and exclusive jurisdiction of the State and federal courts located within Alameda County, California. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. Dispute Resolution by Binding Arbitration; Class Action Waiver
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YOU MUST READ THIS SECTION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS SECTION AS PROVIDED IN SECTION 19 BELOW.
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Election to Arbitrate; No Jury Trial.
This Section 19 is referred to in these Terms as the “Arbitration Provision.” You agree that any and all disputes or that have arisen or may arise between you and us, whether arising out of or relating to these Terms (including any alleged breach), our Services, any advertising, any aspect of the relationship, or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Provision, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.
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You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not by a judge or jury.
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Applicability of Federal Arbitration Act; Arbitrator’s Powers.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed and enforceable under the Federal Arbitration Act (“FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
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Opt-Out of Arbitration Provision.
You may opt-out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to support@fanstake.com within 60 days of the date of your electronic acceptance of these Terms. The opt-out notice must clearly state that you are rejecting arbitration; identify these Terms to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt-out of this Arbitration Provision. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt-out notice on your behalf.
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Class Action Waiver.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS.
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Pre-Arbitration Dispute Resolution; Required Notice to Us.
We are always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing customer support at support@fanstake.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to us should be sent legal@fanstake.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and we do not resolve the claim within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
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Arbitration Procedure.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
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Any arbitration hearings will take place in California at a reasonably convenient location for both parties with due consideration of each’s ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
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Costs of Arbitration.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
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Confidentiality.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of all parties.
Survival and Severability of Arbitration Provision.
This Arbitration Provision shall survive the termination of these Terms.
If a court or the arbitrator decides that any term or section of this Provision is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Provision will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 19 are invalid or unenforceable, then the entirety of this Arbitration Provision will be null and void, unless such sections are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
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Future Changes to Arbitration Agreement.
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of our Services, you may reject any such change by sending us written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

20. General
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Entire Agreement.
These Terms and any Additional Terms constitute the entire agreement between you and us and govern your use of our Services, superseding any prior agreements between you and us with respect to our Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content, or third-party software.
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Assignment; Waiver.
These Terms are specific to the relationship between you and us. You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If we decide to make a special exception and waive your obligation to follow any part of these Terms, we will notify you in writing.
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Section Headings.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
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Notices.
Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided, if any. If no delivery instruction is provided, notice must be given by emailing us at support@fanstake.com. We must receive it in time to have a reasonable opportunity to act on it. Written notice we give you is effective when it is deposited in the U.S. mail with proper postage and addressed to your mailing address associated with your Account or emailed to you at the email address we have on file for you. The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.
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Survival.
Those individual provisions that by their nature should survive in order to effectuate the purpose of these Terms shall survive any termination of these Terms.
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Force Majeure.
We shall not be liable for any delays in performance nor be deemed to have defaulted or breached these Terms of Service for causes beyond our control, including without limitation, an act of God, an act of the public enemy, acts of declared or undeclared war (including acts of terrorism), public disorder, rebellion, sabotage, fire, flood, landslide, earthquake, epidemic, pandemic, government declarations or orders, unusually severe weather, strike, restriction by civil or military authority in their sovereign or contractual capacities, transportation failure, loss or malfunctions of communications or computer (software and hardware) services, power line or other utility failures or interruptions, inability to obtain labor or any other.
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Relationship of Parties.
These Terms do not constitute, and no express or implied term hereof, shall be construed to constitute a joint venture, association, or partnership between you and us.

Contact Us.
If you have any questions regarding these Terms, you may contact us by email at support@fanstake.com.