Terms of Use
Last revised on: June 1, 2024
These Terms of Use ("Terms"), along with our Privacy Policy and any additional terms, procedures or rules that may apply, govern your use of and access to the Services, emails, or other digital properties that include an authorized link to these Terms (collectively, the "Digital Properties") and the subscriptions, newsletters, content, information, features, or resources available or enabled through the Digital Properties (each a "Service" and, collectively with the Digital Properties, the "Services"). These Terms are agreed to between you ("you" or "your") and Reactive Resources LLC and its parent company, subsidiaries, and affiliates (collectively, "Reactive Resources", "we", "us", or "our"). These Terms apply to us only and do not cover other companies, including third parties that may advertise or sponsor content, products or services on the Services or any third-party platforms (such as social media platforms or app stores) or other channels that you may use to access the Services or any content.
BY ACCESSING OR USING ANY PARTS OF THE SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THESE TERMS ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. PLEASE SEE SECTION 6.6 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT.
The Services and its content are for general information, discussion and entertainment purposes only. Your use of the Services constitutes your agreement to these Terms. If you do not agree with these Terms, please do not use the Services. We reserve the right to change, modify, add, or remove portions of these Terms at any time, and the modified Terms will be effective upon posting of an updated version of these Terms or the relevant policies on the applicable Services. Please check this page periodically for any modifications. Your use of any of the Services following the posting of changes constitutes your acceptance of the changes.
1. GENERAL TERMS
1.1. Eligibility. The Services are only intended for use by individuals who are: (a) at least eighteen (18) years of age and older; (b) of legal age to form a binding contract; (c) residence of the United States of American; (d) not a person barred from using the Services under the laws of the United States of America, your place of residence, or any other applicable jurisdiction; and (e) not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country. By accessing or using the Services, you represent and warrant that you meet these criteria.
1.2. Use of the Services. Except with respect to User Content (defined below), we and are suppliers own or are licensees of the rights, title, and interest required for the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to these Terms, we grant you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to these Terms. We and our suppliers, licensors, partners, and service providers reserve all rights not granted in these Terms. You may display, reproduce, print or download content on the Services only for your personal, non-commercial use. However, you may not remove or alter any copyright, trademark, service mark or other proprietary notices or legends. You may not publish, distribute, retransmit, sell or provide access to the content on the Services, except as permitted under applicable law or as described in these Terms. We work to ensure that all the content on the Services is in compliance with applicable U.S. copyright laws. However, in the case of works on the Services authored by parties other than us, you may wish to check on their copyright status before downloading them. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Services, except with our express written permission. You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services, insert any code or product, or manipulate the content of the Services in any way that affects a user's experience.
If you want to reproduce or use content for any purpose or in any manner other than as described above, you will need our permission. Requests should be directed to support@theexplain.com.
1.3. Registration Information. When using the Services, including when you subscribe to, sign up for, or otherwise register for a Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the relevant Service including, without limitation, your email address; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY THIRD-PARTY CLAIMS, LIABILITY, DAMAGES OR COSTS ARISING FROM YOUR PROVIDING US WITH INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT, OR INCOMPLETE.
2. TECHNOLOGY
The Services, and the cookies, pixels, tags, scripts, databases, software, hardware, and other technology used by or on behalf of us to operate the Services, and the structure, organization, and underlying data, information, and software code thereof (collectively, the "Technology"), constitute valuable trade secrets of ours or our licensors, vendors, partners, or suppliers. You will not, and will not permit any third party to: (a) access or attempt to access the Technology except as expressly provided in these Terms; (b) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (c) use automated scripts to collect information from or otherwise interact with the Technology; (d) alter, modify, reproduce, or create derivative works of the Technology; (e) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (f) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (g) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (h) monitor the availability, performance, or functionality of the Technology; or (i) interfere with the operation or hosting of the Technology. As between you and us, we retain all rights, title, and interest, including all intellectual property rights, in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access the Digital Properties under these Terms.
3. CONTENT
3.1. Sponsored/Affiliate Content. Certain portions of the Services may include content that contains links to third party websites and we may receive compensation from the operator of the third-party website if you click on or make a purchase on that site. As described more fully in Section 5 below, by clicking on these links you understand and agree that you are leaving the Digital Properties and visiting a website that is not controlled by us.
3.2. User Generated Content. This section applies to the extent we have enabled posting of user-submitted comments, audio, video, text or other materials in the Services or otherwise allow you to send information or materials through the Services.
You are solely responsible for the nature and consequences of all communications, reviews, comments, information, or other content that you provide, upload, submit, email, transfer, or otherwise make available in connection with the Services ("User Content").
By sending or posting User Content, you warrant and represent that you own or otherwise control all rights to the content and use of the User Content by us will not infringe or violate the rights of any third party. By sending User Content, you automatically grant to us, a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right to use, reproduce, store, modify, publish, edit, translate, create derivative works from, distribute, perform, and display the User Content throughout the world and alone or as part of other works in any form, media, or technology of any kind whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You retain the right to reuse your User Content as submitted to us.
You may not use the Services or other communication mechanisms to sell, to trade, or for other commercial purposes. You may not send User Content through the Services that violates the rights of any third party or contains a virus or other harmful component. Nor may you use language or engage in any activity that is threatening, abusive, vulgar, discourteous, disruptive, or unlawful.
Please be aware that once you post User Content, there is the potential for the general public to read your words, even years from now. We suggest that you exercise caution when posting User Content on the Services and that you not disclose personal identifiable information like your location, medical record number, financial information, etc.
3.3. Monitoring and Suspension. We do not have any obligation to monitor, pre-screen, edit or delete User Content, but we reserve the right to do so in our sole discretion. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including without limitation chat, text, or voice communications. If we pre-screen, refuse, or remove any of User Content, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right but not the obligation, in our sole discretion, to remove any User Content for any reason (or no reason), including if User Content violates these Terms or any applicable law and, without limiting our right to terminate these Terms, we may also suspend your access to the Services (including changing, altering or removing User Content), with or without notice to you, upon any actual, threatened, or suspected breach of these Terms or applicable law or upon any other conduct we deem, in our sole discretion, to be inappropriate or detrimental to us, the Technology or Services, or any other product, customer, or user. You agree that User Content: (a) does not violate, or would encourage any conduct that would violate these Terms or any applicable laws; (b) does not violate any applicable laws or regulations and is not tortious, vulgar, libelous, defamatory, obscene, abusive, pornographic, threatening, harassing, deceptive, fraudulent or an invasion of privacy, or otherwise objectionable, in our sole discussion; (c) does not promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (d) is not violent or threatening, or does not promote violence or actions that are threatening to any other person; (e) does not promote illegal or harmful activities; (f) does not contain foul or hateful language or any personal attacks and is not abusive or hurtful about a commentor or another user; (g) is not off-topic or redundant (this includes promotion of events, groups, pages, other websites, organizations and programs not related to or affiliated with us); (h) does not contain anything directed at children under the age of eighteen (18); (i) does not constitute an infringement or misappropriation of the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; (j) is not an advertisement or solicitation of funds, goods, or services; (h) is not false, misleading, or inaccurate; (k) does not impersonate another person; or (l) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or a disruptive advertisement.
By submitting User Content, you understand and acknowledge that this information is available to the public, and that we may use this information for internal and external promotional purposes. Please note that other visitors of the Services may use your posted User Content beyond our control. If you do not wish to have the User Content you have made available via the Services used, published, copied and/or reprinted, please do not post User Content on the Services.
The opinions and/or views expressed in content posted by any user of the Services represent the thoughts of individuals, and not necessarily those of us or any of our affiliated companies or our or their respective directors, officers, attorneys, employees, or members of its board of directors. Accordingly, notwithstanding anything else in these Terms, we should not be seen as endorsing any User Content in any way. Us, our affiliated companies, any of our or their respective directors, officers, attorneys, employees, and/or members of its board of directors shall not be liable for any User Content posted or sent by users of the Services.
3.4. Company Content. Subject to your compliance with these Terms, we will permit you to access and use the Services solely for lawful purposes and only in accordance with these Terms. As between us and you, all content, including all text, audio, video, photographs, illustrations, graphics, and other content or media, provided through the Services ("Company Content") is owned by us. All Company Content is for your informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Company Content prior to making use of that Company Content. Subject to your compliance with these Terms, you may use the Company Content solely for your personal purposes in connection with your permitted use of the Services in accordance with these terms. You agree that you will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Company Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Company Content; or (c) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any Company Content. We have not verified the accuracy of and will not be responsible for any errors or omissions in any Company Content. Except as set forth in these Terms, you are granted no licenses or rights in or to any Company Content, or any intellectual property rights therein or related thereto.
3.5. Data Privacy. You acknowledge the use, collection, and disclosure of any personal information that you submit to the Services or that is collected about you from the Services as described in the Privacy Policy, which is located at https://www.theexplain.com/privacy-policy/ ("Privacy Policy").
4. PROHIBITED CONTENT
In connection with your use of the Services and/or Technology, you shall not: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services; (b) frame or use framing techniques to enclose any trademark, logo, or Services (including images, text, page layout or form) of ours; (c) use any metatags or other "hidden text" using our name or trademarks; (d) modify, translate, adapt, merge, make derivative works or services of, circumvent, decrypt, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape," harvest, or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Digital Properties for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Services to build a similar or competitive website, application, or service; (g) use any information, data, or content from the Services for the development of any software program (including training a machine learning or artificial intelligence (AI) system); (h) remove or destroy any copyright notices or other proprietary markings contained on or in the Services or use the Services in violation of any third party's intellectual property or other proprietary or legal rights; (i) harm minors in any way; (j) impersonate any person or entity, including, but not limited to, our personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; (k) intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court; (l) interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by these Terms; (m) attempt to harm the Services or use the Services in a manner that could interfere with any party's use or enjoyment of the Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services; or (n) advocate, encourage or assist any third party in doing any of the foregoing activities in this section. Any unauthorized use of the Services immediately terminates the licenses granted by us pursuant to these Terms.
5. THIRD PARTY SERVICES AND ADVERTISING
The Services might contain links or other abilities to access features, sweepstakes, advertisements, contests, platforms or other services developed, provided, or maintained by third-party service providers and promotions or advertisements for third parties (collectively, "Third-Party Services"). We do not provide, own, or control any of the products or services that you can access through such Third-Party Services and they are not under our control and we are not responsible for any Third-Party Services. We provide these Third-Party Services only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. When you use Third-Party Services, you do so at your own risk. By providing your contact information in connection with any Third-Party Services, you understand and expressly consent to be contacted by these third parties using the contact information you provide. In addition to these Terms, your access to and use of any Third-Party Services is subject to any other agreement you may agree to before being given access to the Third-Party Services (each, a "Third-Party Service Agreement"). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to the terms of these Terms but will not apply to any other services or content you may access through the Services. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services or providers of any Third-Party Promotions, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6. GENERAL PROVISIONS
6.1. Idea Submission Policy. You recognize that we are always innovating and working on ideas, products, processes, and technologies for use in new and existing products. For this reason, we do not accept or consider unsolicited ideas, including without limitation ideas for new or improved products, creative works, marketing plans, or product names (collectively, "Ideas"). Please do not submit any unsolicited Ideas in any form to us. If, despite our request that you not send us Ideas, you still submit an Idea, then regardless of what you say in your submission, the following terms shall apply. You agree that:
- Your Idea and its contents will automatically become our property without any compensation of any kind owed to you by us or any of our affiliates. We may redistribute your Idea and its contents for any purpose and in any way, in our sole discretion.
- We are not obligated to keep confidential your Idea or any of the information that you submit to us. You agree and acknowledge that all Ideas and information submitted by you will be treated as non-confidential information.
- We do not have any obligation to evaluate your Idea.
6.2. Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE COMPANY CONTENT, AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE AND OUR RESPECTIVE OFFICERS, OWNERS, EMPLOYEES, PARTNERS, SUPPLIERS, AND LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY CONTENT AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED OR PROVIDED THROUGH THE SERVICES. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES, TECHNOLOGY, COMPANY CONTENT, AND THESE TERMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR EMPLOYEES, PROVIDERS, OR AGENTS, OR THE SERVICES, WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION (IF ANY). WE AND OUR OFFICERS, OWNERS, EMPLOYEES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS; OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF COMPANY CONTENT. OUR SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT WE AND OUR USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, SAFETY OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU.
6.3. Limitation of Liability. IN NO EVENT SHALL WE, OUR EMPLOYEES, OWNERS, PARENT, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS, OR CONTENT PROVIDERS BE LIABLE: (i) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAISED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING OUT OF OR RELATED TO THE USE OR ACCESS TO, INABILITY TO ACCESS OR USE, PERFORMANCE OR NONPERFORMANCE OF THE SERVICES (INCLUDING THE TECHNOLOGY AND COMPANY CONTENT), EVEN IF THEY WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF USER CONTENT, OPPORTUNITY, REVENUES, OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; AND (ii) FOR ANY DAMAGES, LOSSES AND/OR CAUSES OF ACTION EXCEEDING TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND PROVISION OF THE SERVICES (INCLUDING THE TECHNOLOGY AND COMPANY CONTENT), WHETHER IN CONTRACT OR TORT OR OTHERWISE IN EXCESS OF ONE HUNDRED U.S. DOLLARS (USD $100) IN THE AGGREGATE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6.4. Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold us, our employees, officers, owners, parents, subsidiaries, affiliates, agents, licensees, licensors, and successors in interest ("Indemnified Parties") harmless from and against all claims, losses, liabilities, damages, expenses, damages, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Parties arising in any manner from: (a) your access to or use of the Services, including any Technology or Company Content; (b) User Content; or (c) your breach or violation of these Terms or any applicable laws or regulations. We will provide you with notice of any such claim or allegation, and we will have the right to participate in the defense of any such claim at its expense.
6.5. Governing Law and Venue. The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Texas (U.S.A.) without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms, and the parties hereby disclaim the application thereof. Subject to Section 6.6, each party will bring any action or proceeding arising from or relating to these Terms exclusively in a state or federal court in Austin, Texas (U.S.A.), and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding brought in such courts by us.
6.6. Dispute Resolution.
6.6.1. Applicability of Arbitration Agreement. Please read the following arbitration agreement in this Section 6.6 ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with us and limits how you can seek relief from us. You agree that any dispute, claim or request for relief relating in any way to your access or use of the Services, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that: (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes, claims and requests for relief that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
6.6.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute, claim, or request for relief to Reactive Resources LLC, Attn: Legal, 1344 Disc Drive, Suite 1060, Sparks, NV 89436. The arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the "AAA Rules"). For more information about arbitration, the AAA, and the arbitration process, please consult the American Arbitration Association website at adr.org. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys' fees, associated with that claim. Unless you and we agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
6.6.3. Authority of Arbitrator. The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement; and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
6.6.4. Waiver of Jury Trial. YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in the Subsection 6.6.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to limited review.
6.6.5. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given dispute, claim or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Texas. All other disputes, claims or requests for relief shall be arbitrated.
6.6.6. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute must be filed within one year. The one-year period begins when the arbitration notice first could be filed. If such a claim or dispute is not filed within one year, it shall be permanently barred.
6.6.7. Miscellaneous. Except as provided in Subsection 6.6.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with us. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address: The Explain c/o Reactive Resources LLC, Attn: Legal, 1344 Disc Drive, Suite 1060, Sparks, NV 89436.
7. COPYRIGHTS AND TRADEMARKS
7.1. Copyrights. All contents of the Services are © Reactive Resources LLC or its licensors. All rights reserved. We claim no compilation copyright in images or materials that are subject to the GNU Free Documentation License or similar licenses. Photographs and illustrations are copyrighted by their respective owners, as noted in the credits.
7.2. Trademarks. "The Explain" stylized name, logo, service marks, trade names, and all product and service names associated with the Digital Properties are trademarks of Reactive Resources and may not be used without permission in connection with any third-party products or services. You are granted no right or license to use them. Other trademarks, logos, service marks and trade names that may appear on or in the Services are the property of their respective owners. You shall not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
7.3. Copyright Infringement Claims. We respect your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Services without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing reasonably sufficient to permit us to locate the material; (d) your address, telephone number and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for our copyright agent for notice of claims of copyright infringement is as follows: DMCA Agent for The Explain, c/o Reactive Resources LLC, Attn: Legal, 1344 Disc Drive, Suite 1060, Sparks, NV 89436.
7.4. Termination. At our sole discretion, we may modify, suspend, change, or discontinue the Services, or may modify, suspend, change, or terminate your access to the Services, for any reason or no reason, with or without notice to you and without liability to you or any third party. In addition to restricting, suspending, or terminating your access to the Services, for any reason or no reason, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. The provisions of these Terms will survive any expiration or termination of these Terms or your access to all or part of the Services.
7.5. International Users. The Services are controlled and offered by us from the United States and are intended only for use by residents of the United States. We are headquartered in the United States. If the Services can be accessed from outside of the United States and contain references to Services that are not available in your country or jurisdiction, such references do not imply that we intend to announce or provide such Services in your country or jurisdiction. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from outside of the United States do so at their own volition and are responsible for compliance with local law.
7.6. Notices. Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to us by postal mail to the following address: The Explain c/o Reactive Resources LLC, Attn: Legal, 1344 Disc Drive, Suite 1060, Sparks, NV 89436. We may provide you with any notices required or allowed under these Terms by sending you an email to any email address you provide to us, provided that in the case of any notice applicable both to you and other users of the Digital Properties, we may instead provide such notice by posting on or through the Services. Notices provided to us will be deemed given when actually received by us. Notice provided to you will be deemed given 24 hours after posting to the Services or sending via email. If the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, our dispatch of the email containing such notice will nonetheless constitute effective notice.
7.7. Electronic Communications. The communications between you and us use electronic means, whether you visit the Services or send us communications (such as email), or whether we post notices on the Services or communicate with you electronically. For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The foregoing sentence does not affect your statutory rights.
7.8. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, the Services may not be exported or re-exported: (a) into any United States of America embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List.
7.9. Additional Terms. All waivers by us under these Terms must be in writing or later acknowledged by us in writing. Any waiver or failure by us to enforce any provision of these Terms on one occasion will not be deemed a waiver by us of any other provision or of such provision on any other occasion. If any provision of these Terms is determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and your or our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic). You may not assign or transfer either these Terms or any of your rights or obligations hereunder without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may assign these Terms to any party that assumes our obligations hereunder. The parties hereto are independent contractors, not agents, employees, or employers of the other or joint venturers, and neither party acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The words "include," "includes," and "including" means "include," "includes," or "including," in each case, "without limitation." Terms used in these Terms have the definitions given in these Terms or, if not defined in these Terms, have their plain English meaning as commonly interpreted in the United States of America.
7.10. California Consumer Complaints. In accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924, or by telephone at (800) 952-5210.
7.11. Questions, Complaints, Claims, Permissions. If you have any questions, complaints, or claims with respect to the Services, please contact our customer service department at support@theexplain.com. We will do our best to address your concerns. For usage and/or reprint permission requests, please email support@theexplain.com.