**Terms of Service for End Overwhelm AKA End Overwhelm .net**
**Effective Date: 8/4/24**
Welcome to End Overwhelm. The following Terms of Service (the “Terms”) are a binding contract between you and Extraordinary Life Solutions LLC (“Extraordinary Life Solutions,” “we,” or “us”), and govern the use of our website, products, services, and applications (the “Services”) or accessing any content or material that is made available through the Service, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (the "Content").
Please read the terms carefully.
**Important Disclaimer**
END OVERWHELM IS A RESOURCE TO HELP PEOPLE MANAGE STRESS AND OVERWHELM. IT IS NOT A SUBSTITUTE FOR LICENSED, PERSONALIZED MEDICAL CARE. IF YOU EXPERIENCE AN EMERGENCY, PLEASE DIAL 911. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT END OVERWHELM IS NOT A SUBSTITUTE FOR PROFESSIONAL, PERSONALIZED MEDICAL CARE, OR CLINICAL MENTAL HEALTH SUPPORT.
END OVERWHELM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, FITNESS, LAWFULNESS, OR OTHER CHARACTERISTICS OF ITS SERVICES OR ANY CONTENT ON ITS SERVICES.
EXCEPT AS PROVIDED BELOW, THE TERMS REQUIRE YOU AND END OVERWHELM TO RESOLVE ANY DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. YOU AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SERVICES AND ACCESS TO THE CONTENT WILL BE RESOLVED IN ACCORDANCE WITH THE GOVERNING LAW AND ARBITRATION PROVISIONS SET FORTH BELOW. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
**1. Acceptance of Terms**
By using the Services, including but not limited to accessing or using End Overwhelm’s servers, services, websites, or associated Content, you agree to the Terms. If you do not agree to the Terms, do not use the Services or access any Content.
**2. Modification of Terms**
Extraordinary Life Solutions reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. It is your responsibility to check this website for updates. The date of the last modification will be posted at the beginning of the Terms. By continuing to access or use the Services or Content, you agree to be bound by any modified Terms.
**3. Privacy Policy**
Our Privacy Policy discusses how we collect, process, and disclose personal information through these Services. Please read that policy carefully. By using the Services or accessing the Content, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.
**4. Service Options**
You can find a description of our Service options on our website, which will explain which Service options are available to you when you create an account. Certain options are provided to you free of charge, while others may require payment.
**5. Payments, Renewals, and Cancellations**
a) **Subscriptions**: You may purchase a subscription directly from End Overwhelm or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Service and Content for a specific finite time period ("Pre-Paid Period").
b) **Price Changes**: End Overwhelm may change the price for subscriptions, including recurring subscription fees and the Pre-Paid Period (for periods not yet paid), from time to time upon notice to you. Such notice will explain how you can accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by unsubscribing before the price change goes into effect.
c) **Renewals and Cancellations**: Unless your subscription has been purchased for a Pre-Paid Period, your payment to End Overwhelm or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
**6. Age Restrictions**
If you are younger than 16, you may not download or use our Services or access any Content. If you are 16 or older but under the age of 18, you may use our Services or access any Content only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is 16 or older but under the age of 18, you are fully responsible for his or her use of the Services.
**7. Legal Entities**
If you use the Services or access any Content on behalf of a legal entity, you represent and warrant that you have the authority to agree to the Terms on behalf of the entity, or that an individual with such authority has agreed to the Terms on behalf of the entity.
**8. Disclaimer of Medical Advice**
End Overwhelm is not a substitute for professional, personalized medical care. Under no circumstances will any of your interactions with any coach or user of the Services be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind. If you believe that you might benefit from personalized medical care related to the issues discussed by End Overwhelm, we highly recommend that you seek outside, professional mental health care.
**9. Acceptable Use; Community Guidelines**
You may only use the Services and Content for lawful activity. In addition:
a) **Compliance**: You must comply with all applicable local, state, and federal laws and regulations.
b) **Manner of Use**: You may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, abusive, or otherwise objectionable.
c) **Prohibition of Malware**: You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, or any similar methods.
d) **Unauthorized Advertisements**: You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.
e) **Non-Infringement**: You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else.
f) **No Unauthorized Use**: You shall not copy, redistribute, reproduce, "rip," record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Service or the Content, or otherwise make any use of the Service or the Content which is not expressly permitted under the Terms.
g) **Prohibition Against Reverse Engineering**: You shall not reverse-engineer, decompile, disassemble, modify, or create derivative works of the Service, Content, or any part thereof except to the extent permitted by applicable law.
h) **No Circumvention**: You shall not circumvent any technology used by End Overwhelm, its licensors, or any third party to protect the Content or the Service.
i) **Passwords**: You shall not provide your password to any other person or use any other person's username and password.
**10. Intellectual Property**
The Services and Content, including all associated intellectual property rights, are the exclusive property of Extraordinary Life Solutions and its licensors. You agree that you are using the Service and Content for your own personal, non-commercial use and that you will not redistribute the Service or the Content.
**11. Third-Party Affiliates**
By using the Services or accessing the Content, you may access third-party websites, information, and services. You acknowledge that End Overwhelm does not control such third-party websites and services and is not responsible for their content, operation, or use. These third-party services include, but are not limited to, Google Analytics and email marketing services. Please review each site’s terms and policies carefully—it is your responsibility to ensure that you comply with those agreements.
**12. AS-IS Warranty; Warranty Disclaimers**
YOU ACKNOWLEDGE THAT YOU ARE USING END OVERWHELM AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” AND END OVERWHELM HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. END OVERWHELM DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
**13. Limitation of Liability**
END OVERWHELM IS NOT LIABLE—AND YOU AGREE TO INDEMNIFY, RELEASE, DEFEND, AND HOLD END OVERWHELM HARMLESS—FOR ANY DAMAGES RELATING TO OR ARISING FROM USE OF ANY CONTENT, THE SERVICES, USE OF OR INABILITY TO USE THE SERVICES, ACTIONS OR INACTIONS OF USERS OF THE SERVICES, OR OTHER DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE
SERVICES, INCLUDING BUT NOT LIMITED TO PUNITIVE, CONSEQUENTIAL, EMOTIONAL, INDIRECT OR EXEMPLARY DAMAGES, OR ANY CLAIMS BASED ON LOST PROFITS, DATA, OR GOODWILL. THIS LIMITATION APPLIES WHETHER BASED ON A CLAIM RELATED TO A WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT END OVERWHELM KNEW, SHOULD HAVE KNOWN, OR WAS APPRISED OF SUCH DAMAGES.
IN NO EVENT WILL END OVERWHELM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE TERMS OR THE USE OF THE SERVICES OR CONTENT EXCEED FIFTY ($50.00) U.S. DOLLARS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF END OVERWHELM AND ITS SUPPLIERS SHALL BE LIMITED TO THE COST OF SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
**14. Notices to You**
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by End Overwhelm (a) via email (in each case to the address that you provide) or (b) by posting to the website or other Services.
**15. Enforcement, No Waiver**
End Overwhelm’s failure to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision.
**16. Assignment**
You may not assign or transfer your rights under the Terms, by operation of law or otherwise, without End Overwhelm’s prior written consent. Any attempt by you to assign or transfer the Terms without such consent will be null and have no effect. End Overwhelm may assign or transfer the Terms, at its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
**17. Governing Law**
Any dispute arising out of or related to the subject matter of the Terms, including those based in contract, tort, or statute, shall be governed by and construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.
**18. Arbitration**
Any dispute arising from or relating to the subject matter of the Terms, including those based in contract, tort, or statute, shall be finally settled in Fresno County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from a court of competent jurisdiction. For all purposes of the Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Fresno County, California.
**19. Jury Trial Waiver, Class Action Waiver**
BY ENTERING INTO THESE TERMS, YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. Any adjudication under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.
**20. Termination**
End Overwhelm may immediately and without notice terminate the Terms and disable your access to the Services if End Overwhelm at its sole discretion determines that: (a) you have materially breached the Terms; (b) you have violated applicable laws, regulations or third-party rights; or (c) such action is needed to protect the safety or property of End Overwhelm, other users, or third parties. End Overwhelm has the exclusive right to control the use of the Services, including but not limited to blocking, deleting, delaying, or filtering any content.
Provisions that, by their nature, survive termination of the Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
**21. Severability**
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of the Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms will remain in full force and effect.
**22. Headings**
Headings are for convenience only, and do not limit or construe the sections.
**23. Entire Agreement**
The Terms constitute the entire agreement between you and End Overwhelm regarding your use of the Services or access to the Content, and supersede all prior written or oral agreements.
**24. Reservation of Rights**
We reserve all rights not explicitly granted to you.
---
If you have any additional preferences or adjustments, please let me know!
**Effective Date: 8/4/24**
Welcome to End Overwhelm. The following Terms of Service (the “Terms”) are a binding contract between you and Extraordinary Life Solutions LLC (“Extraordinary Life Solutions,” “we,” or “us”), and govern the use of our website, products, services, and applications (the “Services”) or accessing any content or material that is made available through the Service, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (the "Content").
Please read the terms carefully.
**Important Disclaimer**
END OVERWHELM IS A RESOURCE TO HELP PEOPLE MANAGE STRESS AND OVERWHELM. IT IS NOT A SUBSTITUTE FOR LICENSED, PERSONALIZED MEDICAL CARE. IF YOU EXPERIENCE AN EMERGENCY, PLEASE DIAL 911. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT END OVERWHELM IS NOT A SUBSTITUTE FOR PROFESSIONAL, PERSONALIZED MEDICAL CARE, OR CLINICAL MENTAL HEALTH SUPPORT.
END OVERWHELM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, FITNESS, LAWFULNESS, OR OTHER CHARACTERISTICS OF ITS SERVICES OR ANY CONTENT ON ITS SERVICES.
EXCEPT AS PROVIDED BELOW, THE TERMS REQUIRE YOU AND END OVERWHELM TO RESOLVE ANY DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. YOU AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SERVICES AND ACCESS TO THE CONTENT WILL BE RESOLVED IN ACCORDANCE WITH THE GOVERNING LAW AND ARBITRATION PROVISIONS SET FORTH BELOW. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
**1. Acceptance of Terms**
By using the Services, including but not limited to accessing or using End Overwhelm’s servers, services, websites, or associated Content, you agree to the Terms. If you do not agree to the Terms, do not use the Services or access any Content.
**2. Modification of Terms**
Extraordinary Life Solutions reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. It is your responsibility to check this website for updates. The date of the last modification will be posted at the beginning of the Terms. By continuing to access or use the Services or Content, you agree to be bound by any modified Terms.
**3. Privacy Policy**
Our Privacy Policy discusses how we collect, process, and disclose personal information through these Services. Please read that policy carefully. By using the Services or accessing the Content, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.
**4. Service Options**
You can find a description of our Service options on our website, which will explain which Service options are available to you when you create an account. Certain options are provided to you free of charge, while others may require payment.
**5. Payments, Renewals, and Cancellations**
a) **Subscriptions**: You may purchase a subscription directly from End Overwhelm or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Service and Content for a specific finite time period ("Pre-Paid Period").
b) **Price Changes**: End Overwhelm may change the price for subscriptions, including recurring subscription fees and the Pre-Paid Period (for periods not yet paid), from time to time upon notice to you. Such notice will explain how you can accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by unsubscribing before the price change goes into effect.
c) **Renewals and Cancellations**: Unless your subscription has been purchased for a Pre-Paid Period, your payment to End Overwhelm or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.
**6. Age Restrictions**
If you are younger than 16, you may not download or use our Services or access any Content. If you are 16 or older but under the age of 18, you may use our Services or access any Content only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is 16 or older but under the age of 18, you are fully responsible for his or her use of the Services.
**7. Legal Entities**
If you use the Services or access any Content on behalf of a legal entity, you represent and warrant that you have the authority to agree to the Terms on behalf of the entity, or that an individual with such authority has agreed to the Terms on behalf of the entity.
**8. Disclaimer of Medical Advice**
End Overwhelm is not a substitute for professional, personalized medical care. Under no circumstances will any of your interactions with any coach or user of the Services be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind. If you believe that you might benefit from personalized medical care related to the issues discussed by End Overwhelm, we highly recommend that you seek outside, professional mental health care.
**9. Acceptable Use; Community Guidelines**
You may only use the Services and Content for lawful activity. In addition:
a) **Compliance**: You must comply with all applicable local, state, and federal laws and regulations.
b) **Manner of Use**: You may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, abusive, or otherwise objectionable.
c) **Prohibition of Malware**: You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, or any similar methods.
d) **Unauthorized Advertisements**: You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.
e) **Non-Infringement**: You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else.
f) **No Unauthorized Use**: You shall not copy, redistribute, reproduce, "rip," record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Service or the Content, or otherwise make any use of the Service or the Content which is not expressly permitted under the Terms.
g) **Prohibition Against Reverse Engineering**: You shall not reverse-engineer, decompile, disassemble, modify, or create derivative works of the Service, Content, or any part thereof except to the extent permitted by applicable law.
h) **No Circumvention**: You shall not circumvent any technology used by End Overwhelm, its licensors, or any third party to protect the Content or the Service.
i) **Passwords**: You shall not provide your password to any other person or use any other person's username and password.
**10. Intellectual Property**
The Services and Content, including all associated intellectual property rights, are the exclusive property of Extraordinary Life Solutions and its licensors. You agree that you are using the Service and Content for your own personal, non-commercial use and that you will not redistribute the Service or the Content.
**11. Third-Party Affiliates**
By using the Services or accessing the Content, you may access third-party websites, information, and services. You acknowledge that End Overwhelm does not control such third-party websites and services and is not responsible for their content, operation, or use. These third-party services include, but are not limited to, Google Analytics and email marketing services. Please review each site’s terms and policies carefully—it is your responsibility to ensure that you comply with those agreements.
**12. AS-IS Warranty; Warranty Disclaimers**
YOU ACKNOWLEDGE THAT YOU ARE USING END OVERWHELM AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” AND END OVERWHELM HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. END OVERWHELM DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS, OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
**13. Limitation of Liability**
END OVERWHELM IS NOT LIABLE—AND YOU AGREE TO INDEMNIFY, RELEASE, DEFEND, AND HOLD END OVERWHELM HARMLESS—FOR ANY DAMAGES RELATING TO OR ARISING FROM USE OF ANY CONTENT, THE SERVICES, USE OF OR INABILITY TO USE THE SERVICES, ACTIONS OR INACTIONS OF USERS OF THE SERVICES, OR OTHER DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE
SERVICES, INCLUDING BUT NOT LIMITED TO PUNITIVE, CONSEQUENTIAL, EMOTIONAL, INDIRECT OR EXEMPLARY DAMAGES, OR ANY CLAIMS BASED ON LOST PROFITS, DATA, OR GOODWILL. THIS LIMITATION APPLIES WHETHER BASED ON A CLAIM RELATED TO A WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT END OVERWHELM KNEW, SHOULD HAVE KNOWN, OR WAS APPRISED OF SUCH DAMAGES.
IN NO EVENT WILL END OVERWHELM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE TERMS OR THE USE OF THE SERVICES OR CONTENT EXCEED FIFTY ($50.00) U.S. DOLLARS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF END OVERWHELM AND ITS SUPPLIERS SHALL BE LIMITED TO THE COST OF SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
**14. Notices to You**
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by End Overwhelm (a) via email (in each case to the address that you provide) or (b) by posting to the website or other Services.
**15. Enforcement, No Waiver**
End Overwhelm’s failure to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision.
**16. Assignment**
You may not assign or transfer your rights under the Terms, by operation of law or otherwise, without End Overwhelm’s prior written consent. Any attempt by you to assign or transfer the Terms without such consent will be null and have no effect. End Overwhelm may assign or transfer the Terms, at its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
**17. Governing Law**
Any dispute arising out of or related to the subject matter of the Terms, including those based in contract, tort, or statute, shall be governed by and construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.
**18. Arbitration**
Any dispute arising from or relating to the subject matter of the Terms, including those based in contract, tort, or statute, shall be finally settled in Fresno County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from a court of competent jurisdiction. For all purposes of the Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Fresno County, California.
**19. Jury Trial Waiver, Class Action Waiver**
BY ENTERING INTO THESE TERMS, YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. Any adjudication under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.
**20. Termination**
End Overwhelm may immediately and without notice terminate the Terms and disable your access to the Services if End Overwhelm at its sole discretion determines that: (a) you have materially breached the Terms; (b) you have violated applicable laws, regulations or third-party rights; or (c) such action is needed to protect the safety or property of End Overwhelm, other users, or third parties. End Overwhelm has the exclusive right to control the use of the Services, including but not limited to blocking, deleting, delaying, or filtering any content.
Provisions that, by their nature, survive termination of the Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
**21. Severability**
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of the Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms will remain in full force and effect.
**22. Headings**
Headings are for convenience only, and do not limit or construe the sections.
**23. Entire Agreement**
The Terms constitute the entire agreement between you and End Overwhelm regarding your use of the Services or access to the Content, and supersede all prior written or oral agreements.
**24. Reservation of Rights**
We reserve all rights not explicitly granted to you.
---
If you have any additional preferences or adjustments, please let me know!
