The Commons Company Terms of Use

These Terms of Use (“Terms”) are a legal contract between you and The Commons Company (“us” or “our” or “we” or “Company”) and govern your use of the joinmilo.com website (“Website”) and related services (“Services”), and all of the text, data, information, software, graphics, videos, photographs and other materials (all of which are referred to as “Materials”) that we may make available to you through the Website and Services (the Website, Services and Materials are referred to collectively in these Terms as the “Milo Service”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR OTHERWISE USING THE MILO SERVICE. USING ANY PART OF THE MILO SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE MILO SERVICE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

CHANGES.

We may alter the Materials and/or may choose to modify, suspend or discontinue the Milo Service at any time and without notifying you. Some new features and enhancements may require the payment of additional fees, and the Company will determine at its sole discretion whether access to any other such new features and/or enhancements will require an additional fee. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. If you object to any such modifications, your sole recourse shall be to cease all use of the Milo Service. Continued use of any part of the Milo Service following notice of any such modifications indicates that you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website or associated with specific Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE.

We invite you to use the Milo Service for individual, consumer purposes (“Permitted Purposes”). If you are not yet 18 years old, you must have the permission of an adult to use the Milo Service and agree to these Terms, and that adult must be a parent or legal guardian who is willing be responsible for your use of the Milo Service. In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use the Website and Services and to display the Materials; your right to use the Milo Service is conditioned on your compliance with these Terms. You have no other rights in the Milo Service and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website or Materials in any manner.

ACCOUNT REGISTRATION.

In order to use the Milo Service, you must register an account with us. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account.

You are responsible for maintaining the confidentiality of any account password that you use to login to the Milo Service (your “Password”), and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify us if your Password is lost, stolen, if you are aware of any unauthorized use of your Password or if you know of any other breach of security in relation to the Company. For so long as you use the account, you agree to provide true, accurate, current, and complete information. You are responsible for complying with these Terms when you access the Milo Service and for obtaining and maintaining all equipment and services needed for access to and use the Milo Service as well as paying related charges.

SUBSCRIPTIONS; PRICING.

By registering for an account with the Company, you become a “Subscriber” with access to certain Milo Services. Each subscription and the rights and privileges provided to Subscribers are personal and non-transferable. All sales and payments of subscription fees will be in US Dollars.

You agree to pay your subscription fees. Your payment method will be charged for your first subscription fee on the date that we process your registration.

Your payment obligations are non-cancelable and non-refundable.

AUTO-RENEWALS, CANCELLATIONS, AND TERMINATIONS.

These Terms continue for the duration of your subscription period, except that either party may terminate your subscription upon written notice to the other party in the event the other party commits a material breach of these Terms and fails to remedy such material breach within 30 days of written notice of such material breach.

Your subscription shall automatically renew monthly, for additional one-month periods, unless, prior to the expiration of your then-current subscription month, (i) you give us written notice that you do not want to renew by sending us an email at [hello@joinmilo.com] or (ii) we give you written notice that we do not want to renew.

If you give us written notice that you do not want to renew, you will not receive a refund, but you will continue to enjoy your subscription benefits until the expiration of the then-current month for which you have paid, and your subscription benefits will expire at the end of that month.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) ARE AUTHORIZED TO CHARGE YOU MONTHLY FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE TERMINATE YOUR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS.

MODIFICATIONS TO SUBSCRIPTION AND SUBSCRIPTION FEES.

We reserve the right at any time and from time to time to change, modify, add, remove, suspend, cancel, or discontinue any aspect of our subscriptions and our subscription fees in our sole discretion. If the subscription you subscribed to is materially altered, or if we modify the applicable subscription fees, we will give you advance notice, and you will have the opportunity to cancel your subscription in the manner described above if you do not agree to the changes. If you do not cancel in the manner described above, your subscription will continue, and you will be deemed to have accepted the changes.

SURVIVAL.

Upon any termination of these Terms, your account terminates, and you must cease any further use of the Milo Service. The termination or expiration of these Terms for any reason shall not affect a party’s rights or obligations that expressly or by their nature continue and survive (including, the provisions concerning ownership, license to use Feedback, representations made by you, warranty disclaimers, indemnities, and limitation of liability).

PAYMENTS.

You agree to pay any fees applicable to your use of the Milo Service. We may suspend or terminate your account and/or access to the Milo Service if your payment is late and/or your offered payment method cannot be processed. By providing a payment method, you expressly authorize us and/or our third-party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto. You are liable for paying any and all applicable sales and use taxes for the purchase of your subscriptions and your use of the Milo Service, and you authorize the Company and/or our third party payment processor to charge your payment method for any such applicable taxes. You agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.

ELECTRONIC COMMUNICATIONS.

By using Milo Service and/or the Materials, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Milo Service. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

SMS TERMS

Text messages are an integral part of the Milo and Milo service. We use text messages to receive and respond to tasks, events and other information that you submit through the Milo Services.

Types of Milo Texts. With Your consent, we may send You:

Planning Texts.
Reminder Texts.
Confirmation Texts

Opting In. When You sign up for the Milo Services, You will be asked to consent to receive Texts in order to complete Your sign up. We may send You an SMS message to confirm Your signup and Your consent.

Opting Out. You may opt-out of SMS messages from Milo at any time. If you opt out, then you will need to send tasks, events and other information that you submit to us via email using your primary account email address.

Text “STOP” or “STOP ALL” to 808-435-6456 to opt out of all Milo texts. If You do so, we will no longer send You any SMS messages.

Help. If You need help using the Services or would like an explanation of Your opt-out options, text HELP to 808-435-6456, and we will reply to assist You. You can also contact as at hello@joinmilo.com to request assistance using the Services. Message and Data Rates. Message and data rates apply for any text messages sent to You from us and to us from You. For questions about text message rates and costs, You should contact Your mobile service provider.

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy (“Privacy Policy”) (www.joinmilo.com/privacy-policy) which explains everything.

THIRD-PARTY OFFERINGS.

“Third-Party Offerings” means any applications, services, software or products provided by third parties that interoperate with the Milo Service. We may from time to time make Third-Party Offerings available to you. Any acquisition by you of any such Third-Party Offerings, and any exchange of data between you and any provider of a Third-Party Offering, is solely between you and the applicable provider of the Third-Party Offering. We do not warrant or support any Third-Party Offering. If you install or enable any Third-Party Offering for use with the Milo Service, you acknowledge that we may allow providers of that Third-Party Offering to access your information and data as required for the interoperation and support of such Third-Party Offering with the Milo Service. We shall not be responsible for any disclosure, modification or deletion of your information or data resulting from any such access by the providers of Third-Party Offerings. If the provider of any Third-Party Offering ceases to make the Third-Party Offering available for interoperation with the corresponding Milo Service features on reasonable terms, we may cease providing such features without entitling you to any refund, credit, or other compensation. To the extent that we require that you grant us authorizations, passwords or other user credentials to a Third-Party Offering (“Supplier Access Codes”) to retrieve your information or data or to enable interoperability with the Milo Service, you shall promptly provide such Supplier Access Codes.

USER CONTENT.

You are responsible for any text, information, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on, to or through the Milo Service (“User Content”). By transmitting, uploading or otherwise providing any User Content, you are promising us that:

You own all rights in your User Content (including, without limitation, all rights to the reproduction and display of your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to us the rights in your User Content as described in these Terms;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use of your User Content;
Your User Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
You voluntarily agree to waive all “moral rights” that you may have in your User Content;
Any information contained in your User Content is not known by you to be false, inaccurate, or misleading;
Your User Content does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and
Your User Content is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy.

By submitting User Content, you grant the Company a non-exclusive, worldwide, fully-paid, royalty-free license (sublicensable through multiple tiers) to use, copy, modify, distribute, perform and display the User Content to provide the Milo Service.

We may, but are not obligated to, pre-screen User Content or monitor any area of the Milo Service through which User Content may be submitted. We are not required to host, display, or distribute any User Content on or through the Milo Service and may remove at any time or refuse any User Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Content.

UNAUTHORIZED ACTIVITIES.

To be clear, we authorize your use of the Milo Service only for Permitted Purposes. Any other use of the Milo Service beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Milo Service. This is because as between you and us, all rights in the Milo Service remain our property.

Unauthorized use of the Milo Service may result in violation of various United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use the Milo Service or any part thereof in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

For any commercial purpose which includes use of the Milo Service or any of our Materials on another site or through a networked computer environment;
In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any part of the Milo Service;
In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
Attempt to gain unauthorized access to any portion of the Milo Service or any other accounts, computer systems, or networks connected to the Milo Service, whether through hacking, password mining, or any other means.

You agree to indemnify and hold us harmless if you violate these Terms and that violation results in a problem for us. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS.

The Milo Service includes registered and unregistered trademarks that belong to us. Other trademarks, names and logos found in the Milo Service are the property of their respective owners. Unless otherwise specified in these Terms, all Materials, including the arrangement of them in the Milo Service are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

DISCLAIMER OF WARRANTIES.

Your use of the Milo Service is at your own risk. The Materials have not been verified or authenticated in whole or in part by Company, and they may include inaccuracies or typographical or other errors. Company does not warrant the accuracy or timeliness of the Materials contained on the Milo Service. Company has no liability for any errors or omissions in the Materials. No advice or information obtained by you from us or through the Milo Service will create any warranty by Company.

COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE MILO SERVICE OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE MILO SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MILO SERVICE AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE MILO SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF $100 AND THE AMOUNT IN FEES ACTUALLY RECEIVED BY COMPANY FROM YOU DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. FEEDBACK.

If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Milo Service or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Company an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as Company may determine in its sole discretion. Notwithstanding the foregoing, you understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please read the following (this “Provision”) carefully. It affects your rights.

Most user concerns can be resolved quickly and to a user’s satisfaction by contacting us at [hello@joinmilo.com]. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Company. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes between you and Company shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, “Company” means Company and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Company regarding, arising out of or relating to any aspect of your relationship with Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Company’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Company an opportunity to resolve the Dispute. You must commence this process by mailing written notification to The Commons Company, 2212 Queen Anne Ave N #282, Seattle, WA 98109, Attn: Chief Executive Officer. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to The Commons Company, 2212 Queen Anne Ave N #282, Seattle, WA 98109, Attn: Chief Executive Officer. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Company through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Company may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Milo Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Company may initiate arbitration in either Washington or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – Company will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Company specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Milo Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms, You and Company are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with Company or its affiliates. Notwithstanding any provision in these Terms to the contrary, the parties agree that if Company makes any change to this Provision (other than a change to the notice address), you may reject any such change and require Company to adhere to the present language in this Provision if a dispute between us arises.

GENERAL.

The Federal Arbitration Act, Washington state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Milo Service will be heard in the courts located in King County, WA. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Company about the Milo Service. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at hello@joinmilo.com.