Last Updated: November 20, 2021

These Terms of Service (“Terms”) apply to your access to and use of the website, mobile applications and other online products and services (collectively, the “Services”) and any related sales of products through our Services (such products, the “Products”) provided by Naturals by Alejandra, Inc. (“Shroomboom” or “we”). By purchasing a Product or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18. If you do not agree to these Terms, do not purchase a Product or use our Services.

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at info@shroomboom.com.

1. Privacy

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy at www.shroomboom.privacy, the latest published version of which is incorporated by reference.

2. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services 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 of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

3. General Disclaimer - All Product(s)

Please closely review the disclaimers and release in this Section 3 before using our Services, purchasing the Product(s) or using the Product(s). By using our Services, purchasing the Product(s) or using the Product(s), you expressly acknowledge that you have read, understand, and agreed to the disclaimers and release in this Section 3, in addition to the other terms in these Terms.

By using our Services or purchasing or using the Product(s), you understand and agree that:

• Shroomboom does not represent or warrant that the information accessible through the Services is accurate, complete or current or that any advice or any particular product will achieve any result of any kind;
• Price and availability information on our Services is subject to change without notice and Shroomboom shall not be bound by any errors or omissions in posting product information or prices with respect to any Product(s) offered through the Services;
• In providing product information to you, Shroomboom relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties and does not represent or warrant the accuracy of such descriptions;
• Use of and access to our Services does not create a doctor-patient relationship, and you will consult with your own physician or health care practitioner regarding any suggestions and recommendations made or products available for purchase on the Shroomboom website;
• Our Services are provided for informational purposes only, and not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care;
• The Product(s) are cosmetic products and are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body and the results reported, if any, may not occur in all individuals including yourself;
• You are aware of the possibility that some people may have allergic or other reactions to the Product(s) and agree not to use any Product(s) that include ingredients that you are allergic to;
• You have read and will strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings on the Product(s);
• Shroomboom is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing medications or treatments or determining the effect of any specific treatment on a medical condition;
• Shroomboom does not provide emergency services and may not contact you or anyone on your behalf with respect to your medical condition or treatment;
• You are responsible for your own medical care, treatment and oversight and that you should always seek the advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding your health; and
• You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.

Your use of the Product(s) is at your sole risk. The Product(s) and any information related to the foregoing made available on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Without limiting the foregoing, we make no warranties that our Services, including, without limitation, the descriptions of any Product(s) made available on our Services are accurate, complete, reliable, current, or error-free. You assume the entire risk as to the quality, performance, and outcomes of the Services and the Products.

Information and statements regarding the Product(s) made available on our Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE SHROOMBOOM AND THE OTHER SHROOMBOOM PARTIES (AS DEFINED BELOW) FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR HEALTHCARE DECISIONS OR OTHER DECISIONS MADE AS A RESULT OF USING THE SERVICES OR USING THE PRODUCT(S).

If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

4. User Accounts and Account Security

You may need to register for an account to access some or all of our Services and to purchase the Product(s). If you register for an account, you must provide accurate account information, including payment card information, and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. All sales of Product(s) are limited to personal use and may not, without the express prior written approval of Shroomboom, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

5. Payment Terms; Returns

General

To the extent we charge for purchases of the Products, the terms of this Section 5 will apply. We will disclose to you the price charged when you check out on our website. We (or our authorized payment processor) will charge the payment card for each purchase of any Product(s). Except as set forth below, or unless we state otherwise, all payments (a) must be made in U.S. dollars, (b) must be made by payment card via Shroomboom or its authorized payment processor, and (c) are non-refundable.

You authorize Shroomboom (or its authorized payment processor) to charge the payment card provided to Shroomboom in accordance with the terms and conditions of these Terms, and you represent and warrant that you are authorized to use and have fees charged to the payment card provided by you to Shroomboom.

If your payment method fails or you withdraw your authorization above, we may suspend your use of our Services. We also may collect fees owed by charging other payment methods on file with us or retain collection agencies and legal counsel. Shroomboom, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

WHEN YOU CREATE AN ACCOUNT FOR OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SHROOMBOOM (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE THE PAYMENT CARD PROVIDED BY YOU IN ACCORDANCE WITH THESE TERMS (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) WHEN YOU ELECT TO MAKE A PURCHASE OF ANY PRODUCT(S).

The risk of loss and title to Product(s) passes to the purchaser upon delivery to the carrier.

Acceptance and Returns

The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Shroomboom website. Shroomboom reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to you for any reason, including limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified as potential fraud. Shroomboom reserves the right to limit the quantity of Products purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address. With respect to items sold by Shroomboom, we may not be able to confirm the price of an item until you order. Despite our best efforts, a small number of the items listed on our Services may be mispriced. If the correct price of an item sold by Shroomboom is higher than the stated price in our Services, we will at our discretion, either contact you for instructions before shipping or cancel your order. If your order is canceled after your payment card has been charged, we will issue a credit to your payment card in the amount of the charge.

If for any reason you are unsatisfied with your experience using a purchased Product, please contact us. If for any reason you are not satisfied with any Product(s) you purchase on the Services you can elect to return them by listed within our return policy, and any refunds or credits due shall be provided in accordance with our Return Policy at www.shroomboom.returns. We will provide a payment card refund or a Shroomboom credit for returns within 30 days of purchase of such Product.

6. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your purchase of any Product(s) or your use of the Services, and you are solely responsible for your conduct while using our Services. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account or purchase Product(s) without authorization from that user and Shroomboom;
• Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Charge any payment card(s) that you do not own or are not authorized to use;
• Sell, resell or commercially use our Services or Product(s);
• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
• Use our Services or Product(s) other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users or purchasers from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or Product(s) or do anything that might discover source code, ingredients or recipes, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
• Develop or use any applications that interact with our Services without our prior written consent;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Bypass or ignore instructions contained in our robots.txt file; or
• Use our Services or Product(s) for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content (as defined below) that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Shroomboom or others to any harm or liability of any type.

Enforcement of this Section 6 is solely at Shroomboom’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

7. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Shroomboom or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use, subject to additional terms that may apply to specific Services. Any use of the Services other than as specifically authorized herein or in any applicable terms for such Services, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

8. Trademarks

Shroomboom and our logos, the product or service names, our slogans and the look and feel of the Services are trademarks of Shroomboom and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

9. User Content

You may voluntarily post, submit or otherwise communicate to us any photos, questions, comments, suggestions, testimonials, reviews, ideas, original or creative materials or other information about Shroomboom or our Services or Product(s) (collectively, “User Content”). You understand that we may use and distribute any resulting audio, video, photographs, digital files, and other recordings (the "Recordings") in connection with such User Content, in whole or in part, and use your name and your voice or likeness as captured in such Recordings, in any manner or media and for any purpose whatsoever in connection with our Services, ShroomBoom, and any related materials at the sole discretion of ShroomBoom. You understand and agree that ShroomBoom will own all rights of any kind in the Recordings, and that you will retain no rights therein. You further understand all rights granted herein are fully sublicensable and assignable. You understand that we may use User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the User Content in Shroomboom’s sole discretion. You understand that Shroomboom may treat User Content as non-confidential.

You grant Shroomboom and its independent contractors, service providers, and consultants a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username, social media handle, voice, or likeness embodied in or provided in connection with your User Content in any manner in connection with our Services or Product(s) in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information  may be visible to others.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You may not create, post, store or share any User Content that includes children. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

ShroomBoom takes no responsibility and assumes no liability for any User Content posted, stored, uploaded, accessed or downloaded by you or any third party, or for any loss or damage thereto, incomplete or inaccurate User Content, or for any user conduct, nor is create, post, store or share any User Content liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is solely at ShroomBoom’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules. As a provider of interactive services, ShroomBoom is not liable for any statements, representations or User Content provided by its users in any public forum or other area.

10. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Shroomboom’s designated agent as follows:

Designated Agent:

‍Jennifer Parke

Address:

22251 Cairnloch Street

Calabasas, CA 91302

Telephone Number:

310-871-0783

E-Mail Address:

legal@shroomboom.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Shroomboom for certain costs and damages.

11. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Shroomboom does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

12. Third-Party Services and Third-Party Vendors

As part of our Services, Shroomboom may provide (a) technology or other products or services by third-party vendors or (b) information about or links to third-party products or services on our Services (collectively, "Third-Party Services").

Shroomboom does not endorse or make any representations or warranties regarding any Third-Party Services or any vendors providing them ("Third-Party Vendors"), including, without limitation, as to their effectiveness, reliability, accuracy, safety, or appropriateness, or your results. Your use of any Third-Party Services and interactions or communications with Third-Party Vendors is solely between you and the applicable Third-Party Vendor (including, without limitation, being subject to any terms of service or terms of use governing those Third-Party Services). Shroomboom is not responsible or liable in any manner for any Third-Party Services or your interactions or communications with Third-Party Vendors, or for any loss, damage or harm of any sort incurred as the result of any of the foregoing. You access and use such Third-Party Services, and interact with and communicate with such Third-Party Vendors, at your own risk.

13. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Shroomboom and our independent contractors, service providers, consultants, successor organizations, and each of its and their respective officers, directors, agents, partners and employees (individually and collectively, the “Shroomboom Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to cooperate with Shroomboom Parties in defending any third-party Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Shroomboom Parties will have control of the defense or settlement, at Shroomboom 's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Shroomboom or the other Shroomboom Parties.

14. Disclaimers

Your use of our Services and Product(s) is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein and the Product(s) are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Shroomboom does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Shroomboom attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

The use and selection of cosmetics and other beauty products requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that you are aware of the possibility that some people may have allergic or other reactions to such products. You are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Shroomboom and the other Shroomboom Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Shroomboom or the other Shroomboom Parties have been advised of the possibility of such damages.

The total liability of Shroomboom and the other Shroomboom Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $1 or the amount paid by you to use our Services or the amount paid by you to purchase any Product(s).

The limitations set forth in this Section 15 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Shroomboom or the other Shroomboom Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

16. Release

User Content Release

Except where prohibited by applicable law, by submitting User Content to us, you are waiving and agreeing not to assert any copyrights or "moral" rights or claim resulting from our alteration of any User Content. You hereby release and discharge Shroomboom and its respective agents, employees and assigns, and anyone acting under their authorization, from any claims that use of any User Content or Recordings as authorized herein violates any of your rights, including without limitation any rights of publicity or privacy and intellectual property rights. You understand that you will not be entitled to any additional compensation for the permission and release granted herein or for the use of any of User Content or Recordings as authorized herein.

General Release

To the fullest extent permitted by applicable law, you release Shroomboom and the other Shroomboom Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

17. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

18. Dispute Resolution; Binding Arbitration

Please read this Section carefully because it requires you to arbitrate certain disputes and claims with Shroomboom and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Shroomboom agree that any dispute arising out of or related to these Terms or our Services is personal to you and Shroomboom and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Shroomboom seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Shroomboom seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Shroomboom waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Shroomboom or relating in any way to the Services, you agree to first contact Shroomboom and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Shroomboom by email at legal@shroomboom.com or by certified mail addressed to Naturals by Alejandra, Inc., 420 N. Palm Drive, Apt. 303, Beverly Hills, CA 90210. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Shroomboom cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Los Angeles County, California, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Shroomboom agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, Shroomboom, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Shroomboom agree that for any arbitration you initiate, you will pay the filing fee and Shroomboom will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Shroomboom will pay all JAMS fees and costs. You and Shroomboom agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Shroomboom will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by emailing legal@shroomboom.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19.

If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.

19. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California.

20. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

21. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

22. Miscellaneous

These Terms constitute the entire agreement between you and Shroomboom relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 3, 4, 5, 7, 8, 9, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, and 22. survive any expiration or termination of these Terms. The failure of Shroomboom to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.

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