Back of House Terms of Service

Revised: 9/13/2023

These Terms of Service (the “Terms”), in conjunction with our Privacy Policy, govern your access to and use of Back of House services, including our website, applications, communications, and related products or services linked to these Terms (collectively referred to as “services”). By accessing and utilizing these services, you agree to abide by these Terms. If you are using the services on behalf of a company or legal entity, “you” also encompasses such company or entity, and you are bound by these Terms even if there exists a separate agreement between you and us. If you do not agree with these Terms, refrain from using the services.

For the purposes of these Terms, “Back of House” refers to “Back of House, LLC”.

ARBITRATION REQUIREMENT; LIMITATION OF REMEDIES

These Terms necessitate the use of arbitration on an individual basis to resolve disputes, instead of resorting to jury trials or class actions. It also restricts the available remedies in case of a dispute. Refer to Section 12 for additional details.

1. Eligibility to Use the Services

Unless explicitly permitted by us or as otherwise sanctioned by applicable law, the services are for your personal, non-commercial use. If we have terminated your account(s) or banned you, you may not use the services.

2. Back of House Services Accounts

2.1 Accounts And Profiles

• You must create an account and provide certain personal data to access most of our services.
• You agree that the information you provide via your account(s) is accurate and that you will keep it accurate and up-to-date.
• You are responsible for safeguarding your account(s) and accept responsibility for all activities that occur via your account(s).
• We may update your Profile with information we obtain from third parties. We may also use personal data you provide to us via your resume(s) or our other services.
• Portions of your Profile may be visible to other users and the public (e.g., your name and profile picture) depending on the services you use.

2.2 Communications

By creating an account, you agree to accept and receive communications from Back of House, its affiliates, and third-party service providers. These communications may be via email, text message, calls, push notifications, or other means.

• You understand and agree that you may receive communications generated by automatic telephone dialing systems delivering pre-recorded messages sent by or on behalf of Back of House.
• To opt out of receiving text messages, you must reply “STOP” from the device receiving the messages.
• To unsubscribe from non-service-related emails, please use the unsubscribe or email settings link in the email(s) you receive.
• To turn off push notifications, use in-app and/or operating system settings on your device.

Please note that certain communications required for your use of our services, such as changes to these Terms, cannot be unsubscribed from.

3. Content on Back of House Services

For the purposes of these Terms, “Content” encompasses any work of authorship or information, including photos, logos, advertisements, comments, opinions, postings, resumes, salaries, messages, questions, text, files, images, works of authorship, e-mail, data, audio, video, or other materials.

3.1 Rights to Your Content

You are solely responsible for your use of the services and any Content you authorize for use on the services, or which is submitted via your account (“Your Content”).

• You agree that this license includes the right for us to provide, promote, and improve the services and to make Content submitted to or through the services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
• No compensation will be paid with respect to Content that you submit through the services.
• You should only submit Content to the services that you are comfortable sharing with others under these Terms.
• By submitting ideas, suggestions, documents, feedback, and/or proposals (“Submissions”) to Back of House or its employees or agents, you acknowledge and agree that Back of House is entitled to use, disclose, reproduce, license and otherwise distribute, and exploit these Submissions as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

3.2 Your Limited Rights to Content

The services contain Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary and intellectual property rights in the Content we each provide and Back of House owns and retains all rights in the services. If you’re an authorized user, we hereby grant you a limited, revocable, non-transferable, non-sublicensable license under the rights licensable by us to use the services and use Content from our services solely for your personal use in connection with the services.

• The trademarks, logos, and service marks (“Marks”) displayed on the services are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark. Back of House reserves all rights not expressly granted in these Terms.

3.3 Content on the Services

Content from Back of House, as well as users, advertisers, and other third parties is made available to you through the services. You understand and agree that:

• The services may contain or link to sponsored third-party Content or ads. The type, degree, and targeting of ads are subject to change, and you acknowledge and agree that we may place ads in connection with the display of any Content or information on the services, including Your Content.
• We are not responsible for, and do not endorse, any third-party Content, including linked content, ads and information about third-party products and services, job ads, the employer and salary-related information provided by others, or the opinions of any third party, including panelists, group leaders, or other users, including those involved in audio or video events, or translations, transcriptions, or captions of any Content;
• We make no guarantees about the accuracy, currency, suitability, reliability, or quality of the information or Content on or linked to via our services, including translations, transcriptions, or captions; and
• We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on the services. For more information, please see our Legal FAQs.

4. Your Use of the Services

4.1 Using Back of House Services

Back of House offers a variety of services that may change from time to time, at our sole discretion.

• Whether or not you’ve set up an account on our services, if you use our services we may process your personal data. We describe how we may use your personal data in our Privacy Policy. This includes personal data we use to offer or provide our services to you, our customers, other users, and the public, as well as to manage and improve our services…

4.2 Anonymity And Identity On Back of House

Depending on the services you use, we may offer you different options for controlling how your personal data and identity are represented to other users, companies, and the public.

• A portion of your Profile on our community and conversation services (e.g., [Username Name] and community and conversation features across our services) is always public.
• When you submit Content such as a post, comment, or question, you may be able to control how you represent yourself using different anonymity options.
• When submitting other Content, such as reviews, you may be required to include certain personal data for public display, such as your profession, experience, and/or location.
• In some groups, we may allow you to make your Profile visible to other members of the group so you can interact with them.
• In some instances, we may allow group leaders to limit access to a group and approve new group members. When you request access to a group, your Profile and answers to member-approval questions may be shared with the leader(s) for that group.

We endeavor to offer opportunities to use our services while preserving your anonymity, However, you acknowledge that Back of House cannot guarantee your anonymity as, depending on your specific situation and circumstances and the contents of your Content, even semi-/anonymous identifiers, such as company or job title, especially when paired with other information such as your location, may allow someone to identify you or narrow down your identity to a small group of people (e.g., employees in a particular department at your company). You should understand this risk before submitting Content to the services.

4.3 House Rules

You represent and warrant that you will use the services solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and/or any third parties.

• You are solely responsible for your use of the services and Your Content.
• You agree that by submitting or authorizing Your Content for use on the services, you have reviewed, understood, and agreed to adhere to our Back of House Community Guidelines (collectively, our “Community Guidelines”), which are incorporated into these Terms.

You understand that you may expose yourself to liability if Your Content or use of the services violates applicable law or any third-party right.

• If you work for a multi-level marketing company, you agree that you have reviewed and will abide by the Back of House Guidelines for Multi-Level Marketing Companies.
• If you choose to use the services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations. You and your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Back of House or our services. You acknowledge and agree that we will not assist you in any way with your Promotion, and you agree to conduct your Promotion at your own risk. We reserve the right to restrict your use of the services to conduct Promotions.
• We allow users to submit Content about their experiences working for companies when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, or provide volunteer work that is an integral part of the employer’s value chain.
• We also allow users to submit Content regarding the staffing firms that place them in these roles.
• We consider all workers in these roles as ’employees’ with regard to Content submitted to Back of House services.
• While we may provide the option for Back of House users to specify the category of their employment when they submit Content (e.g., paid, volunteer), we may not consider this a requirement. It does not violate our Community Guidelines or these Terms for a worker in any one of these roles to submit Content as an “employee.”

You agree that you will not:

• Impersonate another person or use their email address or phone number, or misrepresent your current or former affiliation with an employer.
• Create accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active accounts to submit Content or interact with other users.
• Submit Content that you do not own or have the right to submit in accordance with the license set forth in these Terms.
• Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule, or regulation.
• Submit Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and authentic experience.
• Act in a manner that is harassing, trolling, threatening, abusive, racist, bigoted, or is otherwise objectionable (as solely determined by Back of House).
• Discriminate regarding access to communities or groups that you create, manage, lead, or participate in. (For company communities, any verified user of the company that the community is associated with may join and access the community.)
• Promote, endorse, or further illegal activities.
• Disclose information in violation of any legally enforceable confidentiality, non-disclosure, or other contractual restrictions or rights of any third party, including any current or former companies or potential companies.
• Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party.
• Submit anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner.
• Solicit or submit minors’ personal data.
• Except as expressly approved by us or as otherwise approved in these Terms, and subject to applicable laws, use the services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation.
• Imply a Back of House endorsement, sponsorship, or partnership of any kind without our express written permission.
• Send messages in violation of applicable anti-spam laws.
• Introduce software or automated agents to the services, or access the services so as to produce multiple accounts, generate automated messages, or to scrape, strip, or mine data from the services without our express written permission.
• “Frame” or “mirror” or otherwise incorporate part of the services into any website, or “deep-link” to any portion of the services without our express written permission (except in instances where we make such functionality available via an API or formal embedding feature).
• Copy, modify, or create derivative works of the services or any Content (excluding Your Content) without our express written permission.
• Copy or use the information, Content (excluding Your Content), or data on the services in connection with a competitive service, as solely determined by Back of House.
• Violate antitrust laws by engaging in anticompetitive conduct, such as sharing commercially sensitive information pursuant to an express or tacit agreement in restraint of trade.
• Sell, resell, rent, lease, loan, trade, or otherwise monetize access to the services or any Content (excluding Your Content) without our express written permission.
• Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the services.
• Interfere with, disrupt, or create an undue burden on the services or the networks or services connected to the services.
• Introduce any viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the services; or attempt to circumvent any security feature of the services.

4.4 Actions We May Take

We may, at our sole discretion:

• Stop (permanently or temporarily) providing the services or any features within the services to you or to users generally.
• Create limits on use and storage at our sole discretion at any time.
• Remove, refuse to distribute, or limit distribution or visibility of any Content on the services.
• Suspend or terminate users.

5. Special Provisions Applicable to Companies and Enterprise Customers

5.1 Content on Back of House Services

a. Incentives and Content Exchange: You may not offer incentives in exchange for content related to any company on Back of House. Content submissions should not be traded with other companies or users. Back of House will remove content if there is reasonable belief that users were compensated to submit such content.

b. Coercion: Coercing employees to submit content is prohibited. Coercion includes requesting proof that an employee submitted content, whether or not the proof includes the actual content.

5.2 Special Provisions Applicable to Advertisers

a. Ad Data Usage: Advertisers, including companies with promotional ads, may use data collected or derived from ads (“Ad Data”) only for assessing the performance and effectiveness of their campaigns on an aggregate and anonymous basis unless otherwise agreed upon. Transfer or sale of Ad Data to third parties not acting on behalf of the advertiser is prohibited.

b. User Information: Advertisers may use user information provided directly if they obtain applicable consent and comply with all relevant laws and industry guidelines, including data protection regulations.

6. Enforcement by Back of House or Third Parties

6.1 Removal of Content

While Back of House is not obligated to do so, it reserves the right to review and remove any content, or portions thereof, that it believes, in its sole discretion, violate these Terms or other applicable policies linked on the platform. Users are encouraged to report any objectionable content they come across. The interpretation of policies and decisions regarding content removal or retention is at Back of House’s sole discretion.

6.2 Copyright Policy

Please refer to our Copyright Complaint Policy for details on how copyright disputes are handled.

6.3 Other Enforcement Actions

Back of House reserves the right to take appropriate action in its sole discretion against users who violate these Terms. This may include, but is not limited to, removing content, suspending user rights, terminating accounts, reporting users to law enforcement, regulatory authorities, or administrative bodies, and pursuing legal action as necessary.

6.4 Disclosing User Personal Data & Defending our Users

In certain circumstances, Back of House may disclose users’ personal data to third parties, such as when required by law or valid legal process. Back of House may also take actions, within the bounds of applicable law, to protect user anonymity against the enforcement of subpoenas or information requests seeking user identifying information or personal data.

7. Indemnity

You agree to defend, indemnify, and hold Back of House and its affiliates and subsidiaries, along with their respective officers, directors, employees, partners, agents, successors, and assigns, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising from your use of the services, including breaches of these Terms, or related to providing false information regarding your identity or employment history.

8. Disclaimers and Limitation on Liability

a. Content Accuracy and Reliability: Back of House assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any information, including page listings or content you submit, send, view, or receive through the services.

b. Interactions with Others: You are solely responsible for your interactions with advertisers, companies, and other users. Back of House is not responsible for their activities, omissions, or other conduct, whether online or offline.

c. Errors and Technical Issues: Back of House is not responsible for any incorrect, inaccurate, or unlawful content submitted to the services, whether caused by users or by any of the equipment or programming associated with or utilized in the services. Back of House assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, any communication with advertisers, companies, or other users.

d. No Guarantee of Service Continuity: Back of House reserves the right, at its sole discretion, to review, improve, modify, or discontinue the services and/or any features, information, services, materials, content, or information on the services with or without notice to you. You agree that Back of House will not be liable for any modification or discontinuance of the service or any portion thereof.

e. Disclaimer of Warranties: THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE. BACK OF HOUSE EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

f. No Guarantee of Results: Back of House makes no warranty that the services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or that the results obtained from the use of the services will be accurate or reliable.

8.1 Release of Claims

You hereby release the Back of House Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arise from:

• The actions, content, or data of third parties (including advertisers, companies, and other users)
• Your participation in any offline events

8.2 Limitation on Liability

IN NO EVENT SHALL THE BACK OF HOUSE GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE BACK OF HOUSE GROUP TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO BACK OF HOUSE, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES.

8.3 No Guarantee of Anonymity

You understand and agree that Back of House makes no guarantee or representation that it will seek to protect user anonymity or, if it elects to do so, that it will be successful.

9. Termination

These Terms remain in effect while you use the services and, for registered users, as long as your account(s) remains open. You may delete your account(s) at any time. Back of House may suspend or terminate your account(s) or your access to parts of the services, for any or no reason, without notice to you. Back of House will have no liability whatsoever to you for any termination of your account(s) or related deletion of your data.

10. Changes to These Terms

Back of House may revise these Terms from time to time by posting an updated version available via a link on the services. If Back of House makes a change that it believes materially reduces your rights or increases your responsibilities, it will notify you by communication (e.g., by email or text message sent to the e-mail address or phone number specified in your account) and/or by means of a notice on the services prior to the change becoming effective. Back of House may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. You are encouraged to periodically review this page for the latest information on our Terms. Your continued use of the services is subject to the most current effective version of these Terms.

11. Pre-Suit Discovery & Analogous Procedures Or Applications

You agree to waive your right to file a pre-suit discovery proceeding (or any equivalent procedure in jurisdictions other than the U.S.) seeking a user’s identifying information from Back of House. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on Back of House’s registered agent in California. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought, and resolved exclusively in the state courts located within Marin County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.

12. Dispute Resolution

PLEASE READ THIS SECTION 12 CAREFULLY AS IT AFFECTS YOUR RIGHTS. UNLESS YOU OPT OUT OF ARBITRATION PURSUANT TO SECTION 12.2.3 BELOW, YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BACK OF HOUSE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BACK OF HOUSE AGREE THAT EACH PARTY 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. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS ARE NOT PERMITTED.

12.1 Informal Dispute Resolution

If either of us intends to seek arbitration under this section, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. You and Back of House agree that the opportunity to meet and confer informally is a material term and a material reason we are offering this service and therefore you agree you will abide by it.

Notice to Back of House should be sent to the Back of House. If you have an account with our services, we will provide notice by means of a communication to the email address or phone number associated with your account. Any notice of dispute (“Notice”) must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought.

During the 30 day period, you and we agree to act in good faith to resolve the dispute. If you and Back of House cannot reach an agreement to resolve the claim within 30 days after the Notice is received, you or Back of House may commence formal proceedings in accordance with section 12.2.

12.2 Binding Arbitration Agreement, Exceptions to Arbitration, Governing Law & Venue

12.2.1 Agreement to Arbitrate and Class Action/Class Arbitration Waiver.

Subject to the exceptions to arbitration set forth in subpart 12.2.4 below, you and Back of House each agree that any and all disputes between Back of House and consumer (i.e., non-business/commercial) users arising under or related in any way to these Terms and/or your use of our services (and which are not otherwise resolved pursuant to section 12.1) must be resolved through binding arbitration as described in section 12.2. If an arbitrator or court decides that any part of this agreement to arbitrate set forth in section 12.2 is unenforceable, the remainder of section 12 of these Terms will nevertheless still apply (including the prohibition on class arbitration).

12.2.2 Arbitration Procedure.

Any arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or Back of House shall not be disclosed to the arbitrator.

Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in California. For any claim where the total amount of the award sought is $10,000 or less, you and Back of House may elect to have the arbitration conducted by audio and/or a video communication system (including, but not limited to telephone conference or a video conference platform such as Zoom) or based solely on written submissions, which election shall be binding on you and Back of House subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Back of House may attend by audio and/or a video communication system (including, but not limited to telephone conference or a video conference platform such as Zoom), unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.2.3 Opt-Out Procedure.

IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO BACK OF HOUSE, c/o [Registered Agent Information].

For your convenience, we are providing an Opt-Out Notice form that you may use. Please make sure to include your name, address (street address, city, state, and zip code), and the email address(es) associated with the account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.

This procedure is the only way you can opt out of the agreement to arbitrate set forth in section 12.2. If you opt out of the agreement to arbitrate set forth in this section, all other parts of these Terms and section 12 will continue to apply to you. Opting out of the agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may enter into or have entered into with us.

12.2.4 Exceptions to Arbitration.

The agreement to arbitration provisions set forth in subparts 12.2.1 and 12.2.2 above will not apply to the following:

• Small claims court cases that qualify for small claims status;
• Legal proceedings or procedures that involve efforts to obtain personal data related to a user or users, including but not limited to the author of any Back of House Content or review;
• Any legal proceedings brought against any of the Back of House Group by companies or other legal entities, or individuals acting on behalf of such companies or other legal entities;
• Any legal proceedings brought by any of the Back of House Group against companies or other legal entities, or individuals acting on behalf of any such companies or other legal entities; and
• A party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
• Any claim for public injunctive relief, which must be adjudicated in court, not by the arbitrator. If either party seeks public injunctive relief, that request for relief shall be severed from any arbitration proceeding and stayed pending a final resolution of the arbitration, at which point the claim may be adjudicated.
• Any claim not already subject to one of the exceptions listed in section 12.2.4 where any or all of the non-Back of House parties are located outside of the United States.

If, for some reason, the prohibition on class arbitrations set forth in section 12 cannot be enforced, then the entirety of the agreement to arbitrate set forth in subparts 12.2.1-3 will not apply; the remainder of section 12 will continue to apply.

12.2.5 Governing Law and Venue.

For claims subject to the exceptions to arbitration set forth in subpart 12.2.4, these Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of our services, shall be governed by the laws of the State of California, without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. These claims or disputes shall be brought and litigated exclusively in the state courts located within Sacramento County or California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

For all claims not subject to the exceptions to arbitration set forth in subpart 12.2.4, the parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the agreement to arbitrate provisions set forth in section 12.2.

12.2.6 Changes To The Agreement To Arbitrate

We will notify you of changes to section 12 by posting the changes at least 30 days before the effective date of the changes and by notice to the email address associated with your account. It is therefore essential that you keep your email address up to date. You can update your email address from your accounts settings page.

If you do not agree to the changed terms, you may close your account within the 30 day period and you will not be bound by these changes. Otherwise, if you continue to use our services, the changed terms will apply to all disputes or claims governed by this section 12 that have arisen or may arise between you and Back of House which are initiated after the time the changed terms take effect.

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to section 12 (other than a change to any referenced notice address or site links) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change.

13. Miscellaneous

Except as specifically stated in another agreement we have with you, these Terms, and any other agreements, documents, or policies incorporated by reference in these Terms, constitute the entire agreement between you and us regarding the use of the services and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms.

You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained in these Terms to induce you to enter into this agreement.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

To the extent allowed by law, the English language version of these Terms are binding and any translations are provided for convenience only.

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Back of House’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the word “including” means “including but not limited to.”

Please contact us at info@backofhouse.art with any questions regarding these Terms.