Welcome to Central Billing, LLC, the comprehensive site for debt collection and billing services (the “Website”), operated by Central Billing, LLC, (the “Company” or “Central Billing“). The Website is solely a source of information and service requests.
By accessing the Website, whether through a computer or mobile app, you agree to be bound by these Terms of Service and Membership Agreement (this “Agreement“), whether or not you register as a member on the Website.
By accessing the Website and/or using the Service, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. The Company may modify this Agreement from time to time, such modifications shall be effective upon posting of the revised Agreement by the Company on the Website.
By using the Service, you consent to receive this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
2. Eligibility. You must be eighteen (18) years of age or older to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service.
3. Accounts. In order to access As part of the membership process for the Website, you have selected or been assigned a Member login ID and password pursuant to Central Billing guidelines (“Membership”). In obtaining the Membership, you are hereby agree you are the only individually entitled to access the Website through your membership and are responsible for maintaining confidentiality of such Membership credentials. You agree you will not allow any other individuals to use your Membership credentials to access the Website. You agree all actions you, or any other individual takes, while using your Membership credentials shall be attributed to, and legally bind, you. This shall include any and all actions taken by a user without actual authority or who makes an error. You assume all resulting liability from use of the Website and any services available thereon. In the event you cannot remember your Member ID or password, please visit to reset your credentials. If you believe someone has accessed the Website using your Membership credentials, without authorization, you must email Central Billing at Contact@CentralBillingNetwork.com.
4. Fees; Billing and Payment. In order to obtain a paid account, you agree to pay the periodic fees, in the amount and frequency, listed in your account/billing details (“Fee”). You agree to provide all payment and billing information, including without limitation a credit or charge card, which will be billed periodically. Your Membership shall continue to be billed monthly to resolve your balance, unless terminated by Central Billing or you cancel in writing to Central Billing, to confirm your decision to terminate your payment arrangement.
All fees and costs (including taxes) shall be billed to the credit or charge card designated during the payment process, or subsequently designated by you. If you wish to designate an alternate credit or charge card, or if there is a change in such credit or charge card validity or expiration date, please access your account profile and submit such updates. Please note you, not Central Billing, are responsible for payment of any amounts billed to your credit or charge card by a third party which you may or may not have authorized.
You are responsible for paying each account regardless of how many accounts you have. Central Billing will automatically charge the Fee to your designated payment method and you authorize us to charge such payment method for the appropriate Fees and amounts stated at the start of each billing period.
6. Non-commercial. The Website and Service are for non-commercial use only. Users may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company, excluding those for which the Website is established or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Website for any purpose other than that for which the Website and/or Service is provided. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website and/or Service, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Website.
7. Account Security. You are responsible for maintaining the confidentiality of your username and password you selected during the registration process. You are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security. You further agree to ensure that you log out from your account at the end of each session in order to maintain the security of your account.
8. User Conduct and Communications. The Website may contain communication services, including without limitation, messaging features, social media functionality, forums or group services, notices, submission, and other such features (“Communication Features”). Each User is solely responsible for their interactions with other Users while using the Website and you agree to use the Communication Features solely for the purpose of submitting or posting messages and materials that are proper and, when applicable, related to the particular Communication Feature.
No representations or warranties are made as to member conduct by Company and, as such, the Company is not responsible for the conduct of any Member, and as noted in and without limiting any terms herein, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members, or any persons you meet through the Service.
9. Content Posted by You on the Website; Member Responsibility for Content. You are the solely responsible for the content and information posted, upload, published, linked to, transmitted, recorded, displayed or otherwise made available (the “post” or “posts” collectively) by you, and/or originating from your account, on the Website or Service, or transmit to other Members, including emails, videos (including streaming videos), photographs, recordings, or any profile content and information, whether publicly posted or privately transmitted (collectively, the “Content“). You agree you will not use any false email addresses, impersonate any person or entity, or otherwise attempt to mislead or mislead any other member, user, or entity or Central Billing.
You agree you are prohibited from posting any Content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including without limitation any Content that encourages or incites conduct that constitutes a criminal offense, lead to civil liability, or otherwise violate applicable local, state, national, and international law. Any Content comprised, containing, or consisting of software viruses, worms, malware, or other such programs, political campaigning, commercial solicitations, chain letters, mass mailings, and any other “spam,” in any form, is prohibited.
Because Central Billing does not permit infringement of intellectual property rights through the Central Billing Services, we will remove Content if we are properly notified by way of our email procedure that such Content infringes on another’s intellectual property rights, and such claim is valid upon our review.
Central Billing does not endorse any third party Content, or any opinion, recommendation, advice, services, offers, or other information expressed thereby, including any that are transmitted via the Communication Features. All such third party communications are exclusive to those respective authors, distributors, and originators, an shall not be attributed to Central Billing or its affiliates, or any of it’s officers, directors, owners, employees, agents, licensees, designees, or assigns (the “Central Billing Parties”). The Central Billing Parties have the right, but not the obligation, to, in their sole discretion, refuse, delete, and/or move any Content that is available via the Communication Features, and shall (without limiting the foregoing) have the right to remove any Content that is violative of this Agreement or is otherwise objectionable. You specifically agree that the Central Billing Parties are not, in any way, liable or responsible for any Content posted onto the Website.
With respect to any offer of employment or employment opportunities which may be posted to the Website, you hereby agree that the individual/entity posting the same is responsible and the employer and not the Central Billing Parties, whether singularly or collectively. The Central Billing Parties shall not be responsible for any employment, hiring, wages, salaries, or other decisions made by you and/or any other person or entity with respect to the same, despite the use of the Communication Features to advertise the employment opportunity or to communicate any hiring, employment, or salary/wages decisions. Further the Central Billing Parties make no representations or warranties, or any guarantees as to the Communication Features with respect to the (i) the ability to offer or fill any employment opportunities made known using the Communication Features; (ii) the ability of any such advertiser to provide employment; (iii) the conveyance of any jobs, resumes, data, or other information conveyed via the Communication Features; or (iv) the veracity, legality, completeness, or reliability of the same.
While the Company does not investigate, screen, or otherwise vet any use of the Communication Features, the Content, or the legality, accuracy, or safety associated with such use, Central Billing reserves the right to review such Content and use of the Communication Features and, subsequently take appropriate action against any person or entity who misuses the Communication features, including without limitation the removal of any Content. All such decisions shall be at Company’s sole discretion. The Central Billing Parties shall not be obligated, however, to remove or otherwise address any such use, and to the extent permitted by law, wholly disclaims any liability whatsoever for failing to take any action thereon.
You acknowledge and agree that you are solely responsible for your Content posted to the Website, including that posted using the Communication Features, including without limitation, the accuracy, legitimacy, veracity, and completeness with respect to all aspects of the Content, such as form and substance. You hereby agree that you will not post, or cause to be posted, any inaccurate, untrue, unlawful, or otherwise incorrect statements or information such that the Content may be incorrect, untrue, incomplete, or unlawful.
All use of the Communication Features for the purposes of providing employment opportunities by way of casting calls, casting notices, providing breakdowns, or other such notices or advertisements for employment shall comply with all laws, rules, and regulations, whether local, state, federal, or international, as applicable. You are wholly and singularly responsible for ensuring the legality and applicability of all such laws, rules, and regulations both foreign and domestic that may apply to your Content, including any and all laws relating to (i) labor and employment laws, equal employment opportunity and employment eligibility requirements, non-discrimination laws, including those based on sex, gender, sexual orientation, race, color, creed, or national origin, and (ii) privacy laws including those applicable to data access and use, commercial solicitation and advertising. You agree that all employment opportunities posted to the Website and offered hereunder must be genuine employment opportunities.
You agree to take all necessary precautions in all interactions with other Members, and other persons, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another Member, or person you meet through the Website or Service. You understand and agree that the Company makes no guarantees, either express or implied, regarding whether you are engaged for any productions, projects, jobs, employment, or other events by any of the Members or persons you meet through the Website.
10. Prohibited Activities. The Company reserves the right to investigate and/or terminate your membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including those actions or communications the occur off the Website but involve Members you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service and which include any and all actions or events set forth herein above and/or below. In order to maintain good standing or an active membership you may not:
“stalk” or otherwise harass any person;
express or imply that the Company endorses any statements you make without our specific prior written consent;
ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
offer any illegal services.
use any site search/retrieval application, whether manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents;
collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
use meta tags or code or other devices containing any reference to the Company, the Website or the Service, or any trademark, trade name, service mark, logo, tagline, or slogan of the Company, to direct any person to any other website for any purpose;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so;
post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement, interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software).
“frame” or “mirror” any part of the Service or the Website, without the Company’s prior written authorization.
11. Customer Service. In the event of any technological or service issues, please contact Central Billing via the “Support” page. In doing so, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If your behavior towards any of our customer care representatives or other employees is at any time deemed threatening or offensive, the Company reserves the right to immediately terminate your membership and you shall not be entitled to any refund of unused Membership fees.
Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the Central Billing Services by Central Billing and/or its members, Central Billing is under no obligation to delete or ask or require other Central Billing members to delete that Member Content, and therefore, it may continue to appear and be used through the Central Billing Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Member Content that have been removed or deleted. Notwithstanding the foregoing, in the event the Content complained about is posted without authorization, permission, or otherwise violates any of the Terms of Service set forth herein, Central Billing may, in its sole discretion, remove the Content and/or terminate the Membership.
13. Copyright Infringement Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any Central Billing member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by following our DMCA notification procedure which can be found here.
14. Central Billing Proprietary Rights. This shall serve as notice that the Company owns and retains all proprietary rights in and to the Website and the Service, and in all content, trademarks, service marks, trade names, and all other intellectual property rights related thereto, whether registered or in common law. The Website contains the copyrighted material, trademarks, and other proprietary information owed by the Company, and its licensors, as applicable. You hereby agree you will not duplicate, modify, transmit, create any derivative works from, make use of, display, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining prior written consent of the Company or the third party owner, in the event such intellectual property is not owned by the Company. You agree to not remove, obscure, modify, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices whether placed by the Company or by a Member or User.
15. Modifications to Service; Restriction of Access. The Company reserves the right to, at any time, change, revise, modify, suspend, or otherwise discontinue, whether temporarily or permanently, the Website or the Service, or any portion thereof, with or without notice. In the event of such modification of the Website or Service, or portion thereof, you agree that the Company shall not be liable to you or to any third party. With respect to access to the Website or the Service, in order to effectively protect the integrity of the Website or the Service for all users, the Company reserves the right to, at any time and in its sole discretion, block users from certain IP addresses from accessing the Website or Service. The Company reserves the right to investigate and take appropriate legal action against any person or entity who violates these terms of the Agreement, including suspending or terminating the membership. All such decisions shall be at Company’s sole discretion.
16. Use of Intellectual Property Policy; Notice and Procedure for Making Claims of Copyright Infringement. You are hereby prohibited from distributing, reproducing, republishing, or otherwise using any and all works, elements, graphics, content, or other materials used, posted, or featured on the Website, whether by Central Billing or any other Members. Additionally, you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property and/or proprietary information without obtaining the prior written consent of the owner of such intellectual and/or proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Website (and such description provided must be reasonably sufficient to allow the Company to find the alleged infringing material, such as a URL);
d. your name, address, telephone number, and email address;
e. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at the following address: Copyright Agent c/o Central Billing, LLC, 119 N. Fairfax Ave. Suite 627, Los Angeles, CA 90036. The Company will terminate the accounts of repeat infringers.
18. Disclaimers. You acknowledge and agree that neither the Company nor its owners, officers, directors, members, managers, employees, contractors, subsidiaries, parent company, contractors, affiliates, third party partners, licensees, representatives, agents, successors in interest, or assigns (the “BSC Parties”) are responsible for and shall not have any liability, directly or indirectly, and you hereby hold the Company and the BSC Parties harmless for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content, or Content which violates this Agreement, that has been posted on the Website or provided in connection with the Service, whether caused by Users, or any of the equipment or programming associated with or utilized in connection with the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure, or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members’, or any other person’s, computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLIANCY WITH FEDERAL RECORD KEEPING LAWS AND REGULATIONS PURSUANT TO 18 USC 2257 et seq OR 28 CFR 75 et seq. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE ARE DONE SO AND ACCESSED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU HEREBY AGREE YOU ARE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR MATERIALS. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
The Company may, from time to time, make third party opinions, advice, statements, offers, information, and/or content available on the Website and/or through the Service. All such third party content made available is the responsibility of the content’s respective authors, and should not necessarily be relied upon, as the Company does not vet any such third party content. All third party authors are solely responsible for such content. Accordingly the Company does not guarantee the Company does not (i) guarantee the accuracy, completeness, or usefulness of any third party content on the Website or as provided through the Service, nor does it (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advise, or statement made by any party that appears on the Website or Service. Under no circumstances will the Company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content post on the Website or Service, or transmitted to or by any Member.
Additionally, any advice or statements that may be posted on the Website or through the Service, whether made by any Member, or third party, are for informational and entertainment purposes only. Any advise or statements, which are posted on the Website or through the Service are not intended to be a replacement or substitute for any professional financial, medical, legal, or other such advice. The Company makes no representations or warranties, whether expressed or implied, and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist or call your local emergency services.
19. Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, OR THE BSC PARTIES,
THEIR LICENSORS, SERVICE PROVIDERS, OR ANY OTHER ASSOCIATED THIRD PARTY, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MEMBERSHIP FEES PAID FOR THE BILLING PERIOD DURING WHICH THE ALLEGED FACTS GIVING RISE TO THE DISPUTE OCCUR. 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 THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM REGARDLESS OF THE APPLICABLE STATUTE OF LIMITATION. PURSUANT TO THE TERMS HEREIN, OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
20. Acceptance of Risk; Indemnification by You. By becoming a Member, you understand, acknowledge, and accept that a certain level of risk is involved and inherent in accepting work from other companies or individuals as posted using the Website and the Communication Features. You hereby agree you are solely responsible for vetting any and all applicants and/or employers with whom you agree to work. You understand and acknowledge Central Billing has not conducted any research, background searches, or otherwise vetted any Member, whether such Members are individuals or entities, and Central Billing makes no representation or warranties with respect to any Member’s safety or well-being.
Additionally, you hereby agree to release and hold the Central Billing Parties, harmless for any actions, injuries, and damages, including without limitations any nonpayment of fees for services provided, property damage or theft, or bodily injury, including death or dismemberment, which you may suffer as a result of using the Service.
You acknowledge and understand this is a Full and Final Release applying to all of your known, unknown and unanticipated injuries or damages arising out of or in any way connected with or resulting from the Service provided by Central Billing and any terms set forth above. You expressly and intentionally waive all rights and benefits which you now have or in the future may have under the terms of Section 1542 of the Civil Code of the State of California, which section provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You further agree to indemnify and hold the Central Billing Parties harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
21. Arbitration; Jurisdiction; Governing Law. You hereby agree that the exclusive means of resolving any dispute or claim arising out of, or relating to, this Agreement (including any alleged breach thereof), the Service, or the Website shall solely be BINDING ARBITRATION, by a sole and single arbitrator, administered by JAMS in Los Angeles County, California. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Website or the Service in any manner, you agree to the above arbitration agreement and YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT, AND ANY RIGHT TO A JURY TRIAL, to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a single NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable by a court and may be overturned by a court only for very limited reasons.
Any court proceeding, including without limitations any small claims action or proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction located within the State of California, County of Los Angeles only. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Furthermore, this Agreement, and any dispute between you and the Company, shall be governed by the laws of the State of California without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern this arbitration agreement.
22. Notice. From time to time the Company may provide you with notice, including without limitation notice of changes to this Agreement, any violations, billing matters, or notice of breach of the agreement and termination of your account. In order to provide necessary and timely notice, you hereby agree the Company may use any reasonable means now known or hereafter developed, including by electronic means, email, regular mail, SMS or text messaging, or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner or if you provide false or inaccurate contact information to the Company. Accordingly, you hereby agree that notice given by the Company hereunder, shall be deemed received which is sent to the email address, physical address, and/or phone number you provided.
23. Miscellaneous Provisions. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Membership and online account is non-transferable and all of your rights thereto, as well as your Content terminate upon your death. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.
25. Amendment and Modification. This Agreement is subject to change by the Company at any time and you hereby agree to review these Terms and Conditions from time to time, as the revised terms will be effective upon the updated Terms and Conditions being posted on the Website. Your subsequent use of the Website and/or Service after such posting will constitute your acceptance the revised Agreement.