Terms of Use

 

The Cooking Blueprint, dba Online Terms of Use and Services

THIS IS A BINDING AGREEMENT.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE.

1.             YOUR AGREEMENT WITH US.

By using this website (http://www.thecookingblueprint.com) (the “Website”), whether by means of a computer, a mobile device or a mobile application, or any services provided in connection with the Website (the “Services”), you agree to abide by these terms and conditions of use and service (the “Terms of Use”), which form a legally binding contract between you and TCB.

In these Terms of Use:

(a)        A reference to “TCB”, “we”, “us”, and “our” means The Cooking Blueprint, and its employees, agents and representatives. 

(b)        A reference to “User(s)”, “you”, or “your” means any person or entity that provides information to TCB on the Website or who accesses, reviews, uses or participates in the Services, whether such person uses the Services as a free, non-paying user or a paid user. 

These Terms of Use may be amended by TCB from time to time.  TCB will post a notice on the Website any time these Terms of Use are changed or updated.  It is your responsibility to review these Terms of Use periodically.  By using the Website and the Services, you consent to receive the Terms of Use and any amendments by electronic form.  To withdraw consent, or if you find the Terms of Use unacceptable at any time, you must immediately leave the Website, cease all use of the Services and terminate your account. 

2.             ELIGIBILITY OF USER.

By using the Website and the Services, you represent and warrant that you are at least eighteen (18) years of age, you have the right, authority and capacity to agree to be bound by, and comply with, these Terms of Use, and you are not a competitor of TCB or provide services that are substantially similar to or compete with the Services. 

3.             WHAT THE SERVICE DOES.

The purpose of our Services is to provide information to users regarding nutrition science, health, lifestyle, and cooking. The Site enables users to research and implement techniques and habits they feel are appropriate for their lifestyle.

TCB has no control over any actions taken by our users beyond reading the information provided. We cannot be held liable for incidences occurring due to use of an observed technique, method, habit, or any other suggested use.

The information we provide is based on our knowledge and experience, and it in no way represents a singular view of these industries. The information is meant for education, and should in no way act as a definitive answer to questions posed by our users.

4.             USE OF THE SITE.

Through our Website, you may view, cache, browse, display, print or download a copy of any content featured on our Website to your computer, provided that you use it for the purposes described in Section 3 of these Terms of Use only, and not (a) for purposes that involve the re-sale or re-packaging of our Services, or may prejudice the reputation or interests of TCB; (b) in any manner that may constitute a breach of any provision of these Terms of Use, or our Privacy Policy which appears on our Website, or any other agreement you may have in place with TCB in connection with the Website or the Services; and (c) in any manner or for a purpose contrary to law.

5.             PROHIBITED USES.

TCB imposes certain restrictions on your permissible use of the Website and the Services.  In addition to those restrictions and limitations set forth in Section 4 of these Terms of Use, you are prohibited from the following:

(a)   Violating or attempting to violate any security features of the Website or Services, including without limitation accessing content or data not intended for you, logging into a server or account that you are not authorized to access, attempting to test the vulnerability of the Website or the Services, or interfering or attempting to interfere with service to any user, host or network;

(b)   Using the Website or the Services to send unsolicited email or “spam” to TCB, its Users, or a third party;

(c)    Any attempt or action to exploit, copy, distribute, reproduce, edit, translate or make publicly accessible the Website, its content and database, in any form, whether by use of automated device of manual processes;

(d)   Uploading or sending to the Website any content or programs that, on account of their size or nature, risks damage to TCB’s computers or network;

(e)   Including content on the Website or TCB’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;

(f)     Any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right or material that is obscene, constitutes an illegal threat or harassment, or violates export control laws, or is used to commit fraud or any other activity that is prohibited by criminal or civil law;

(g)    Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

(h)   Engaging  in activity or submit content that could be harmful to minors;

(i)     Any action or attempt to hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice;

(j)     Material or conduct which TCB believes to be unlawful, offensive or harmful; and

(k)   Linking the Website to another website.

6.             RESPONSIBILITIES OF WEBSITE USERS.

You are responsible for your own user account and all activities that occur under your username and password. TCB takes no responsibility for the level of access granted to staff members, employees or associates to access and/or use an account and provide data for a listing.  You must ensure that your login identification details and password that are used to access the Website and the details of your account are kept in a safe and secure manner, and that you log out from your account at the end of each session. You must notify TCB if you are or become aware that there is or has been an unauthorized use of your login identification details and password or account, or any other security breach relating to your account. You are responsible and liable for any person that uses your login identification details and password or account including without limitation to make or respond to a listing on the Website.

You are responsible for any costs associated with your access to or use of the Website, including internet access fees.

7.             REPRESENTATIONS OF USERS.

By using the Website and the Services, you hereby represent and warrant to TCB that:

(a)   You have all necessary authority, rights and permissions to submit the Vacancy Data, the Retailer’s Data, and any other information you may provide through the Website or the Services (the “User Data”) to the Website and TCB;

(b)   The User Data does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity;

(c)    The User Data and your use of the Website does not and will not violate any applicable federal, state, or local law or regulation, including without limitation any fair housing or tenancy laws or regulations or applicable real estate licensure or brokerage regulations, or cause injury to any person;

(d)   The User Data is truthful and accurate.

 

8.             CONFIDENTIALITY OF USER DATA.

In using the Website and the Services, and in obtaining information from the Website, the Services or TCB, you agree to:

(a)   Keep any data or information that is disclosed intentionally or unintentionally to you in connection with the Website or the Services, which data or information is not posted on the Website for the general public to view and not restricted to Users who have an account and password, confidential at all times;

(b)   Notify TCB immediately upon the disclosure of confidential data;

(c)    Not use or disclose any data to any person, except as expressly permitted by these Terms of Use or with our express written consent; and

(d)   Notify TCB immediately if you breach, or reasonably believe there may have been a breach, of any provision in this Section 9. 

9.             INTERACTIONS WITH OTHER USERS.

You are solely responsible for your interactions with other Users, even those with whom you have been matched by TCB through the Website or the Services.  You understand that TCB does not inquire into the backgrounds of all Users or attempt to verify the statements of the Users. TCB is not responsible for the conduct of any User.  In no event shall TCB be liable, directly or indirectly, for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or the Services or persons you meet through the Services.

10.          TCB’S RIGHTS.

TCB has the right to change, suspend or discontinue, temporarily or permanently, any aspect of the Website at any time, including the layout and the availability of any of the Website features, database or content without any prior notice or liability.  You agree that TCB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Services. 

TCB further reserves the right to block users from certain IP addresses from accessing the Website or the Service at any time, in its sole discretion.

TCB further reserves the right, but not the obligation, to monitor or review any User Data you submit or provide to the Website or in connection with the Services.  TCB may refuse to publish, remove, delete, or move any User Data on the Website without notice, at any time for any reason.

TCB, the Website and the Services are not a storage service.  You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except as required by law. 

11.          TECHNICAL INFORMATION AND SECURITY.

The transmission of data over the internet is not always secure.  Although we endeavor to secure our Website, we are not liable for any breaches of security and you use our Website entirely at your own risk.  We do not warrant that the functions available on our Website will be uninterrupted or error free, or free of viruses or programming bugs or interferences due to the factors outside our control. Your ability to access our Website will depend on factors out of our control and we do not take any responsibility or provide any warranties that this Website will be accessible through all web browsers or that it will be accessible at all times. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

12.          INTELLECTUAL PROPERTY.

The Website contains intellectual property including trademarks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things. All intellectual property on the Website is owned by TCB or licensed for use by third parties we deal with.  Unless these Terms of Use expressly permit, you must not copy, reproduce, on-sell, transmit, license, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.

Regardless of original authorship, when Landlord, Retailer or other User posts information, materials, data or content to this Website, they assign full rights of ownership to TCB, other than the right to further license full ownership rights.  TCB may deal with such materials without seeking consent, or making acknowledgment, attribution or payment.

13.          COPYRIGHT.

It is TCB’s policy to investigate any claims of intellectual property infringement upon receiving notice of any potential violation of a party’s rights.  In accordance with the Digital Millennium Copyright Act, 17 U.S.C. section 412, in order for such notice to be effective, it must be: (a) a written communication; (b) provided to TCB’s designated agent at: Elizabeth@thecookingblueprint.com; and (c) include substantially the following: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed or a representative list of such works; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TCB to locate the material; reasonably sufficient contact information for you, such as address, telephone number, or email address; your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and your statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon TCB actual knowledge of facts or circumstances from which infringing material or acts are evident.

14.          THIRD PARTIES.

During your use of the Website or the Services, you may be taken to third party websites, including in order to fulfill certain site features and functionality.  We may also provide tools to allow interaction between the Website and a third party site, such as a social media site.  By selecting links to such third party website, you agree that you will be leaving the Website and that TCB has no responsibility or liability whatsoever in connection with your use or your exchange of any information with such third party websites.  TCB does not endorse, sponsor or guarantee these third party websites and is not responsible for any advice, content, information, practice, products or service related to or made available through such third party websites.

If you provide access to data or information through a third party system, you confirm that you have given your consent for the operator of that system to ensure that any accessible data or information is accurate, including but not limited to details about locations, size, pricing and category.

15.          SUSPENSION OR TERMINATION OF ACCESS.

Either you or TCB may terminate or cancel your account at any time. Unless otherwise specified herein, you will not be entitled to a refund. Cancellation is your sole remedy with respect to any dispute with TCB. This includes, but is not limited to, any dispute regarding the Services, TCB's policies and practices including our Privacy Policy, your ability to access the Services, the content available on the Services, and any matters relating to billing. You can cancel your Services by following the instructions on the Website by accessing your account settings.

We reserve the right to suspend or terminate your account, access or subscription to our Website or our Services at our sole discretion if we believe that you have breached any of these Terms of Use. When that happens, we will endeavor to notify you of the breach and ways in which you can remedy it if we believe, in our sole discretion, such breach may be cured.

Notwithstanding, you understand and agree that in TCB’s sole discretion, and without prior notice to you, your access to the Website and the Services may be terminated or suspended without any opportunity to cure, and TCB may exercise any other remedy available and remove any User Data submitted by you from the Website, if it believes that your use of the Website or the Services (a) violates or breaches any Terms of Use, which TCB believes cannot be cured; (b) violates the rights of TCB or another User; (c) violates any law or regulation; or (d) constitutes fraudulent activity of any nature.  TCB is not required to provide any refund to you if your use of the Website is terminated for any of the foregoing reasons.  You agree that monetary damages may not provide a sufficient remedy to TCB for violation of these Terms of Use, and you consent to injunctive or other equitable relief for such violations.

After your access to the Website or the Services, or your account, is terminated for any reason, these Terms of Use shall survive and continue in full force and effect, except for any terms that by their nature expire or are fully expired.

16.          DISCLAIMERS.

To the maximum extent allowed by applicable law, TCB provides the Website and the service on an "as is" and "as available" basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service or the website (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. TCB does not represent or warrant that the Website or the Services will be uninterrupted or error free, secure or that any defects or errors on the Website or in the service will be corrected.

Any material obtained or downloaded through the use of the Website or the Services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Website or the Services.

TCB does not: (a) guarantee the accuracy, completeness, or usefulness of any third party content on the Website or provided through the Services, or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website or service. Under no circumstances will TCB be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on the Website or the Services, or transmitted to or by any members.

Without limiting the foregoing, TCB further expressly disclaims any liability for any errors, omissions, inaccuracies, misrepresentations or the like in the User Data provided by a User, and any liability for the verification of compliance with any laws applicable in advertisements published by the Landlord. TCB does not make any representations or warranties of any kind regarding the Website, the Services, the User Data submitted by the Users, or the results that may be obtained from use of any of the foregoing. 

Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.

You acknowledge that the Website or the Services has not been developed specifically for you, and that it is your responsibility to ensure that the facilities and functions of the Website and Services meet your requirements. 

17.          USER LIABILITY; INDEMNIFICATION.

You agree to indemnify and hold TCB, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Services, your breach of or failure to comply with these Terms of Use (including any breach of your representations and warranties contained herein), any postings or User Data you post on the Website or through the Services, any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the User Data you provide, the violation or noncompliance of any law or regulation by you, your dealings with any Landlords, Retailers or Users, any loss or damage caused by or attributed to any person that visits or leases any premises in response to a listing on the Website or through the Services, and any actual, prospective or terminated sales, lease or other transaction between you and a third party. TCB reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TCB in connection therewith.

18.          LIMITATIONS OF TCB’S LIABILITY.

Under no circumstances, including without limitation the negligence of TCB, its agent and its service providers, shall TCB, its agents or service providers, be liable for any consequential, direct, incidental, indirect, punitive, or special damages that result from the use, inability to use, or errors or omissions in the contents and functions of the Website or the Services, including without limitation damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of our Website, even if TCB, or its agents or service providers, has been advised of the possibility of such damages.  We are not responsible to you or anyone else for any loss suffered in connection with the use of our Website, any of its contents, or any third party website that may be linked on our Website, for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.  In no event will the aggregate amount of TCB’s total liability to you for all damages, losses and causes of action shall exceed the greater of (1) the amount paid by you to TCB for access to the Website and the Services; or (2) $100.  This limitation of damages set forth herein is a fundamental element of the basis of the bargain between TCB and you.  The Website and the Services would not be provided to you without such limitation. 

Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you.

19.          PRIVACY POLICY.

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from the following link: https://www.thecookingblueprint.com/privacy/. 

The Privacy Policy is expressly incorporated into this Terms of Use by this reference.  By agreeing to these Terms of Use, you acknowledge that you have had access to and read the Privacy Policy and consent to the management of personal information accordingly. 

You further agree that TCB may access, preserve and disclose your account information and User Data if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that the User Data provided by you violates the rights of third parties, respond to your requests for customer service or allow you to use the Website in the future, or protect the rights, property or personal safety of TCB or other persons.

20.          GOVERNING LAW.

These Terms of Use shall be construed in accordance with, and governed by, the laws of the United States and the State of California.

21.          DISPUTE RESOLUTION BY BINDING ARBITRATION; WAIVER OF JURY TRIAL OR CLASS ACTION.

Many of your concerns about the Website, the Services and a User’s account may be resolved by contacting TCB’s customer service department which contact information is available on the Website.

In the event that TCB’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if TCB has not been able to resolve a dispute it has with you after attempting to do so informally), you and TCB each agree to resolve those disputes through BINDING ARBITRATION or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you are entitled to recover attorneys' fees from TCB to at least the same extent as you would be in court.

By using the Website or the Service in any manner, you agree to this agreement to arbitrate set forth in this Section 23 of the Terms of Use (the “Arbitration Agreement”). In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and TCB (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.

You and TCB agree to arbitrate all disputes and claims between you and TCB. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:  (a) claims arising out of or relating to any aspect of the relationship between you and TCB, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (b) claims that arose before this or any prior agreement or Terms of Use; (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the termination of this agreement set forth in this Terms of Use, and any amendments thereto.

As used in this Arbitration Agreement, references to “you” or “TCB” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Website or the Services under the Terms of Use or prior agreements between you and TCB. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against TCB on your behalf. You agree that, by using the Website and the Services, and agreeing to the Terms of Use in connection therewith, you and TCB are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This Arbitration Agreement shall survive termination of the Terms of Use.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice of Dispute"). The Notice of Dispute to TCB should be addressed to: Office for Dispute Resolution, The Cooking Blueprint, dba, 815 S. Wooster St. #201, Los Angeles, CA 90035 ("Notice Address"). The Notice of Dispute must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").

If you and TCB do not reach an agreement to resolve the claim within 30 days after the Notice of Dispute is received, you or TCB may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or TCB shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TCB is entitled. You may download or copy a form Notice of Dispute and a form to initiate arbitration from the Website.

After TCB receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $1,200 for two-party matters, but this is subject to change by the arbitration provider. If you are unable to pay this fee, TCB will pay it directly upon receiving a written request at the Notice Address.)

The arbitration will be governed by the Comprehensive Arbitration Rules & Procedures (collectively, "JAMS Rules") of JAMS ("JAMS"), as modified by these Terms of Use, and will be administered by the JAMS. The JAMS Rules are available online at https://www.jamsadr.com/adr-rules-procedures/, or by writing to the Notice Address. (You may obtain information about the arbitration process through JAMS at https://www.jamsadr.com/adr-arbitration/.) The arbitrator is bound by the terms of this Arbitration Agreement and the Terms of Use. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the Arbitration Agreement are for the court to decide.

Unless you and TCB agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, you and TCB agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, TCB will pay all JAMS filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Rules. In such case, you agree to reimburse TCB for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the JAMS rules.

If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of TCB’s last written settlement offer made before an arbitrator was selected, then TCB will: (a) pay you the amount of the award or $10,000 (the “alternative payment"), whichever is greater; and (b) pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney premium").

If TCB did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The right to attorneys' fees and expenses discussed in this Arbitration Agreement supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws TCB may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, TCB agrees that it will not seek such an award.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND TCB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TCB agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in these Terms of Use to the contrary, we agree that if TCB makes any future change to this arbitration provision (other than a change to the Notice Address) during your term in which you use the Website or the Services in accordance with the Terms of Use, you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement.

In the event that this Arbitration Agreement is for any reason held to be unenforceable, any litigation against TCB (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

22.          GENERAL.

These Terms of Use are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere on our Website, or in any other agreement with TCB, and must be interpreted accordingly.

If any part of these Terms of Use is determined to be illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these Terms of Use shall continue in full force and effect.

No waiver of any breach of these Terms of Use will be construed as a waiver of any of any other breach of these Terms of Use.

23.          ACKNOWLEDGMENT.

By accessing OR using the Website or the Services, you acknowledge that you have read these Terms of Use (and the Privacy Policy incorporated herein), INCLUDING THAT PROVISION DESCRIBED HEREIN AS the ARBITRATION AGREEMENT, and agree to be bound by them.

If you do not agree to these Terms of Use or any stated changes to the Terms of Use, please exit the Website AND cease accessing any of the Services immediately.