This End User License Agreement (the “Terms”) governs the relationship between Reality Smash, Inc. (hereinafter, “Reality Smash,” “us,” or “we”) and you regarding your use of our Arena Jam software application (the “App”) and our Arena Jam website (the “Site”) provided by Reality Smash to you (collectively, the “Services”), including all updates and upgrades to such Services.

Use of the Services is also governed by Reality Smash’s Privacy Policy, the current version of which can be found at www.goarenajam.com/privacy-policy (the “Privacy Policy”), which is incorporated herein by reference.

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICES. BY DOWNLOADING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES. IF YOU ARE ACCESSING AND USING THE SERVICES ON BEHALF OF A COMPANY (SUCH AS YOUR EMPLOYER) OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” WILL REFER TO THAT COMPANY OR OTHER LEGAL ENTITY.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND REALITY SMASH THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

Changes to Terms or Services. We may update the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in “Effect of Changes on Arbitration,” you should discontinue using the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Eligibility. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.

Session Data. The App may measure, collect and store information or data related to your eye and head movement, heart rate and breathing, and your mood and feelings (measured through your responses to surveys and questionnaires in the App). Such information and data is collectively referred to as “Session Data”.

Processing and Storage of Personal Information. As part of your use of the Services, you agree to the processing and storage of your personal information in the United States, including the processing and storing of your personal information in the United States for the purposes of processing payments and tracking individual use of the Services. By using the Services, you acknowledge that you understand and agree that the United States may not have the same level of protections for your personal information that exists in your country of residence, and you nonetheless consent to the processing and storage of your personal information in the United States. We will take measures as required to comply with applicable law regarding the transfer, storage, and use of certain personal information.

Not a Medical Treatment. Please note that Reality Smash does not provide any medical advice, diagnosis or engage in the practice of medicine. The Services are not intended to be and do not constitute a substitute for professional medical advice, diagnosis, or treatment. The Services, and all content made available through the Services, is for informational and entertainment purposes only. You acknowledge and agree that (a) Reality Smash is not a healthcare provider or wellness instructor; (b) the Services (including any recommendations and any information available through the Services that may be personalized) may not be appropriate for you and does not constitute or replace medical advice; and (c) Reality Smash is not responsible for any results that may (or may not) be obtained from the use of the Services. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment, or disability, including those that may prevent or limit your ability to use the Services. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Services solely in accordance with your personal physician’s advice. You assume full responsibility for the use of any information obtained through the Services and agree that we’re not responsible or liable for any claim, loss, or damage arising from using that information. If you rely on any information provided through the Services, you do so at your own risk.

Personal Non-Commercial Use. The Services are made available solely for personal non-commercial use. You may not exploit the Services or any of its features or Content for commercial or business purposes, or otherwise use the Services in a manner that is inconsistent with these Terms.

Feedback. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at hello@realitysmash.com. Any Feedback that you provide to us will be treated as non-proprietary and non-confidential, and you hereby grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any and all purposes, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. Any such Feedback will not be returned to you and we have no obligation to acknowledge receipt of or respond to any Feedback. If you submit Feedback, you represent and warrant that you own or otherwise control the rights to your Feedback, and you agree to indemnify Reality Smash and its affiliates for all claims arising from or in connection with any claims to any rights in any Feedback or any damages arising from any Feedback.

Organizational Offerings. Certain organizations (for instance, universities, hospitals, and companies) (“Organizations”) may purchase and make the Services available to their employees and members. In some cases, these Organizations may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage, or supplementary payment for accessing the Services. In such an event, the additional Organizational terms and conditions shall also apply to your use of the Services. In the event of any conflict with such additional Organizational terms and these Terms, the additional Organizational terms shall prevail.

We may charge fees associated with certain Services, including, without limitation, the download of Apps, and the purchase of in-app virtual goods, add-ons, or benefits (“Virtual Items”). Such products or Services may be made available for purchase on specified pages of the Site, within the Apps, on third-party App stores and marketplaces (“App Providers”), or otherwise as indicated through the Services. The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. Your purchase of any App, Virtual Item or other content constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law. All payments for purchases are non-refundable and non-transferable except as expressly provided in these Terms.

If you provide credit card information to us, you represent that you are the authorized user of the credit card that is used to pay.. We reserve the right to collect applicable taxes and impose premium surcharges for certain Services.

Certain Services and Virtual Items may be made available to you for a charge. We assume no liability for purchaser error, trial versions, software purchased for the wrong device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item 90 days after the purchase date for any reason. We will not be liable for any errors on billing statements issued to you by your wireless carrier, or any App Provider. In no event will we be liable for any defects or other problems associated with downloads or purchases through the Services after a period of ninety (90) calendar days has expired from the date of such download or purchase, as applicable. Please read the system requirements very carefully before making any purchases.

Virtual Items have no real-world value and cannot be redeemed for actual currency, goods, or other items of monetary value, even if you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. Your purchase of Virtual Items is final, and you will not be able to cancel the purchase or receive a refund of your Virtual Items at any time. If something unexpected happens while completing a purchase, we reserve the right to cancel your purchase for any reason. If we cancel your purchase, we’ll refund any payment you have already remitted to us for such purchase. The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded, or sublicensed.

Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services.

Our Content Ownership. Reality Smash does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Reality Smash and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You. By making any User Content available through the Services, you hereby grant to Reality Smash a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of User Content. You may remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make, or images you provide as part of the Services) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Reality Smash. Subject to your compliance with these Terms, Reality Smash grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights in the App Granted by Reality Smash. Subject to your compliance with these Terms, Reality Smash grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a VR headset, or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Reality Smash reserves all rights in and to the App not expressly granted to you under these Terms.

General Prohibitions and Enforcement Rights. 

 You agree not to do any of the following:

     1. post, upload, publish, submit or transmit any User Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;

     2. use, display, mirror or frame the Services or any individual element within the Services, Reality Smash’s name, any Reality Smash trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without Reality Smash’s express written consent;

     3. access, tamper with, or use non-public areas of the Services, Reality Smash’s computer systems, or the technical delivery systems of Reality Smash’s providers;

     4. attempt to probe, scan or test the vulnerability of any Reality Smash system or network or breach any security or authentication measures;

     5. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Content;

     6. attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;

     7. send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

     8. use any meta tags or other hidden text or metadata utilizing a Reality Smash trademark, logo, url or product name without Reality Smash’s express written consent;

     9. use the Services or Content, or any portion thereof, for any purposes related to scientific research, analysis or evaluation, or for any commercial purpose, for the benefit of any third party or in any manner not permitted by these Terms;

     10. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

     11. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

     12. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

     13. collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

     14. impersonate or misrepresent your affiliation with any person or entity;

     15. violate any applicable law or regulation; or

     16. encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy. Reality Smash respects copyright law and expects its users to do the same. It is Reality Smash’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at hello@realitysmash.com. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Medical Warranty Disclaimers. YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE SERVICES ARE NOT INTENDED TO BE, AND DO NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICES, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT WITH YOUR PERSONAL PHYSICIAN REGARDING ANY MEDICAL CONDITION, IMPAIRMENT, OR DISABILITY, INCLUDING THOSE THAT MAY PREVENT OR LIMIT YOUR ABILITY TO USE THE SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ABIDING BY YOUR PERSONAL PHYSICIAN’S RECOMMENDATION AS TO ANY SUCH MEDICAL RESTRICTIONS, AND FOR USING THE SERVICES SOLELY IN ACCORDANCE WITH YOUR PERSONAL PHYSICIAN’S ADVICE. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OBTAINED THROUGH THE SERVICES AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM USING THAT INFORMATION. IF YOU RELY ON ANY INFORMATION PROVIDED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Reality Smash and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Reality Smash and you regarding the Services and Content. Notwithstanding the foregoing, if you are using the Services upon the request, or at the direction of, your employer or another third party which has entered into a commercial arrangement with Reality Smash, the terms and conditions of such agreement will take precedence over these Terms. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Reality Smash’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Reality Smash may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Indemnity. You will indemnify and hold harmless Reality Smash and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability. NEITHER REALITY SMASH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REALITY SMASH OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

USE OF THE APP MAY AFFECT HEART AND BREATHING RATE, CAUSE UNINTENDED SIDE EFFECTS SUCH AS MOTION SICKNESS OR DISORIENTATION, OR AGGRAVATE PRE-EXISTING MEDICAL CONDITIONS. YOU EXPRESSLY WAIVE REALITY SMASH’S LIABILITY FOR RISKS INHERENT IN THE USE OF VIRTUAL REALITY SOFTWARE, AND REALITY SMASH WILL NOT BE LIABLE TO YOU FOR ANY CAUSE OF ACTION OR UNDER ANY THEORY OF LIABILITY ARISING FROM SUCH RISKS.

IN NO EVENT WILL REALITY SMASH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO REALITY SMASH FOR USE OF THE SERVICES OR CONTENT OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO REALITY SMASH, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REALITY SMASH AND YOU.

Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Reality Smash are not required to arbitrate will be the state and federal courts located in Orange County, California, and you and Reality each waive any objection to jurisdiction and venue in such courts.

MANDATORY ARBITRATION OF DISPUTES. WE EACH AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR CONTENT (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION OR PROCEEDING. YOU AND REALITY SMASH AGREE THAT THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND REALITY SMASH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

EXCEPTIONS AND OPT-OUT. AS LIMITED EXCEPTIONS TO “MANDATORY ARBITRATION OF DISPUTES” ABOVE: (I) YOU MAY SEEK TO RESOLVE A DISPUTE IN SMALL CLAIMS COURT IF IT QUALIFIES; AND (II) WE EACH RETAIN THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO PREVENT (OR ENJOIN) THE INFRINGEMENT OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY RIGHTS. IN ADDITION, YOU WILL RETAIN THE RIGHT TO OPT OUT OF ARBITRATION ENTIRELY AND LITIGATE ANY DISPUTE IF YOU PROVIDE US WITH WRITTEN NOTICE OF YOUR DESIRE TO DO SO BY EMAIL AT HELLO@REALITYSMASH.COM WITHIN THIRTY (30) DAYS FOLLOWING THE DATE YOU FIRST AGREE TO THESE TERMS.

CONDUCTING ARBITRATION AND ARBITRATION RULES. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES (THE “AAA RULES”) THEN IN EFFECT, EXCEPT AS MODIFIED BY THESE TERMS. THE AAA RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. A PARTY WHO WISHES TO START ARBITRATION MUST SUBMIT A WRITTEN DEMAND FOR ARBITRATION TO AAA AND GIVE NOTICE TO THE OTHER PARTY AS SPECIFIED IN THE AAA RULES. THE AAA PROVIDES A FORM DEMAND FOR ARBITRATION AT WWW.ADR.ORG. IF YOUR CLAIM IS FOR U.S. $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION WILL BE CONDUCTED SOLELY ON THE BASIS OF DOCUMENTS SUBMITTED TO THE ARBITRATOR, THROUGH A TELEPHONIC OR VIDEO-CONFERENCE HEARING, OR BY AN IN-PERSON HEARING AS ESTABLISHED BY THE AAA RULES. IF YOUR CLAIM EXCEEDS U.S. $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES. ANY ARBITRATION HEARINGS WILL TAKE PLACE IN THE COUNTY (OR PARISH) WHERE YOU LIVE, UNLESS WE BOTH AGREE TO A DIFFERENT LOCATION. THE PARTIES AGREE THAT THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO DECIDE ALL ISSUES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY AND SCOPE OF THIS ARBITRATION AGREEMENT.

ARBITRATION COSTS. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA RULES. WE’LL PAY FOR ALL FILING, ADMINISTRATION AND ARBITRATOR FEES AND EXPENSES IF YOUR DISPUTE IS FOR LESS THAN $10,000, UNLESS THE ARBITRATOR FINDS YOUR DISPUTE FRIVOLOUS. IF WE PREVAIL IN ARBITRATION, WE’LL PAY ALL OF OUR ATTORNEYS’ FEES AND COSTS AND WON’T SEEK TO RECOVER THEM FROM YOU. IF YOU PREVAIL IN ARBITRATION, YOU WILL PAY ALL OF YOUR ATTORNEYS’ FEES AND COSTS AND YOU WON’T SEEK TO RECOVER THEM FROM US.

CLASS ACTION WAIVER. YOU AND REALITY SMASH 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, IF THE PARTIES’ DISPUTE IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON’S CLAIMS WITH YOUR 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 DISPUTE RESOLUTION SECTION SHALL BE NULL AND VOID.

EFFECT OF CHANGES ON ARBITRATION. NOTWITHSTANDING THE PROVISIONS OF “CHANGES TO TERMS OR SERVICES” ABOVE, IF REALITY SMASH CHANGES ANY OF THE TERMS OF THIS SECTION “DISPUTE RESOLUTION” AFTER THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS), YOU MAY REJECT ANY SUCH CHANGE BY SENDING US WRITTEN NOTICE (INCLUDING BY EMAIL TO HELLO@REALITYSMASH.COM WITHIN 30 DAYS OF THE DATE SUCH CHANGE BECAME EFFECTIVE, AS INDICATED IN THE “LAST UPDATED” DATE ABOVE OR IN THE DATE OF REALITY SMASH’S EMAIL TO YOU NOTIFYING YOU OF SUCH CHANGE. BY REJECTING ANY CHANGE, YOU ARE AGREEING THAT YOU WILL ARBITRATE ANY DISPUTE BETWEEN YOU AND REALITY SMASH IN ACCORDANCE WITH THE TERMS OF THIS SECTION “DISPUTE RESOLUTION” AS OF THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS).

SEVERABILITY. WITH THE EXCEPTION OF ANY OF THE PROVISIONS IN SECTION “CLASS ACTION WAIVER”, IF AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION DECIDES THAT ANY PART OF THESE TERMS IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THESE TERMS WILL STILL APPLY.

Notices. Any notices or other communications provided by Reality Smash under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights. Reality Smash’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Reality Smash. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information. If you have any questions about these Terms or the Services, please contact Reality Smash at hello@realitysmash.com, or at Reality Smash, Inc., 11882 Morrie Ln, Garden Grove, CA 92840.