Terms of Service
By submitting a registration for the thisapp Insider program, you agree to resolve any disputes with thisapp through binding arbitration (and with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed below.
Sponsor: Thisapp, Inc. ("thisapp"). In these Rules, we refer to thisapp as "us", "we" or "thisapp".
Thisapp is a start-up company that is planning to launch in September 2022. Thisapp plans on being an all-in-one chat platform that makes it easy to connect with anyone and organize anything.
Purpose of the thisapp Insider Program (the "Program"): We want the Program to be a creative, fun way to promote thisapp by asking you—potential future thisapp Members—to help spread the word about thisapp and, in exchange for promoting thisapp, receive thisapp Insider perks. We ask you to spread the word by social media (and maybe some other creative ways). To learn how, please check out the section entitled How to Promote as a thisapp Insider.
Eligibility to be a thisapp Insider: Only eligible individuals can be thisapp Insiders! To be eligible to become a thisapp Insider, you must: Be an individual (e.g., not a corporation) Be at least 13 years old Not be a thisapp employee Not be a previously registered thisapp Insider (see more rules about this below)
Further, in order to be eligible to receive the thisapp Insider Perks (detailed below), you must adhere to these Terms of Service throughout the duration of the Program. Also, there are further eligibility requirements for receiving thisapp Insider stock options - please see below.
How to Register: Register by providing us with your email address, via entering it into the email entry box, and actively agreeing to these Terms of Service for the Program by clicking that you agree to these Terms of Service (prior to registering, you are able to review and disagree to these Terms of Service if you wish not to register). Please use an email address that you expect to monitor and keep throughout the duration of the Program and the rest of 2022 so that we can continue to contact you to claim your thisapp perks. We wouldn't want to lose you at some point!
How to move up the thisapp Insider ranks: Here's how thisapp Insider ranking works:
  • Once you register, you will receive a unique link that is specific to you and only you (we call that your "Unique Link"). This link will be available to you across the experience, in your welcome email and whenever you enter the Site via your entry email at thisapp.com.
  • You can then use your Unique Link to attract other people to also become thisapp Insiders (if they meet our eligibility requirements!).
  • Each time a new eligible person uses your Unique Link to become a thisapp Insider, your referral count increases. Your rank is calculated based on your referral count relative to other Insiders.
  • You can only become a thisapp Insider once!
  • But you can't, shouldn't and we hope you don't use or generate additional email addresses or fake people to earn referrals. (Yes, we thought of that.) First, that's not being truthful. Second, you'll be disqualified. Third, cheating isn't really fun.
  • Don't submit other people's email addresses to your registration page. They have to do it themselves.
  • The Program is currently slated to end on December 24th, 2022, at 11:59pm PST. Sorry, all cool things must come to an end...However, please note that this could change. We reserve the right to make the deadline sooner or extend it to later, in each case without notice to you.
  • At the deadline, the Program automatically ends, and you can't add to your thisapp Insider rank in any way, shape or form.
  • After the Program ends, thisapp will need some time to verify, finalize and confirm the results. We will move as quickly as we can, but must reserve the right to review the results and make sure we get the rankings correct.
How to Promote as a thisapp Insider: Thisapp aims to bring more transparency to the chat platform experience, and we hope you'll soon see that we place a high value on being upfront with our members.
And, we want the same in return from you—it's important that you are transparent and upfront when you are spreading the word about the Program. This is a promotion, so don't be shy about it.
Always tell your friends, followers and readers that they will benefit by registering on thisapp—and that you can benefit also. That means: When you share your Unique Link anywhere else (for example, in email or on a blog), be sure to say something like "Sign up to claim your username on thisapp, my thisapp Insider rank will improve also!"
Failure to comply with these rules may be grounds for disqualification.
Don't Spam or Email Bomb People: If you share your Unique Link by email, please only send emails to people that you know. Automated (auto) texting is also prohibited.
What you can get - thisapp Insider Perks: Thisapp will offer various perks to thisapp Insiders. Here are a few details about the perks we know we are offering:
  • Early Access. When the program ends, the top 10,000 qualifying thisapp Insiders will be eligible for "Early Access" to our chat platform (remember, we haven't even launched yet!) and will be able to use thisapp before the general public. We are working hard to get to launch, but we don't know when that will be yet. We also don't know how long Early Access will last, and reserve the right to make Early Access as short as we need to, and/or to admit qualifying thisapp Insiders in stages. That said, we can't wait to let high performing thisapp Insiders in before the general public! To claim this perk, qualifying thisapp Insiders must complete the membership registration process described in the above paragraph.
  • Earn a founding user NFT. When the program ends, the top 1,000 qualifying thisapp Insiders will also be granted a founding user NFT as a reward for their efforts.
  • Thisapp Insider Stock Options. We want super high performing thisapp Insiders—the top 10 thisapp Insiders—to also receive the benefits of being a thisapp common stock owner (through thisapp Insider Stock Options).
If we add any other Perks during the Program, we'll be sure to let you know!
Selection of Winners and Awarding of thisapp Perks: Thisapp has complete authority to determine the validity and eligibility of sign-ups, calculate rankings, determine winners, and award perks, all in its sole discretion. The thisapp Insider website may indicate your current ranking in the program and may indicate which perks you currently have unlocked. However, these automated indications are tentative, may contain errors or ineligible referrals, and are subject to confirmation by thisapp. Also, your ranking and the locked or unlocked status of perks likely will change during the competition as your rank changes relative to the rank of others. So, for example, if you are eligible for top perks (like thisapp stock options) early in the competition, this benefit might become locked again if enough other competitors surpass your count of successful referrals. Note that in the event of a tie in referral count, the thisapp Insider who joined the Program earliest (as determined by the time stamp of their initial Program sign up) will be awarded the higher ranking.
Eligibility to receive thisapp Insider Stock Options: Only eligible thisapp Insiders can compete for thisapp Insider Stock Options.
To be eligible, you must:
  • Qualify for the Final Group (as defined below) and take the steps required of all participants in the Final Group.
  • Be at least 18 years old. (If you're not 18 years old and have gotten this far, then you have a bright future in social media! We will try to allow you to participate by allowing you to designate your parent or guardian as the potential recipient of the thisapp Insider Stock Options.)
  • Must not be an "immediate relative" of a thisapp employee. The words "immediate relative" include spouses, life partners, parents, and children.
  • Must not work on the Program through a company that thisapp engages (for example, our lawyers who helped draft these terms are not eligible).
  • Agree to the thisapp Insider consulting terms regarding confidentiality of certain information you receive in the Final Group, transferring to thisapp the ownership of thisapp-related intellectual property created by you in the Program and granting a license to you to use thisapp assets as part of the Program.
Top 10 Winners Receive thisapp Insider Stock Options: At the end of the Program, the top 10 thisapp Insiders (who are eligible to receive thisapp Insider Stock Options under the rules of the Program) will be granted the following awards:
Top Prize: The thisapp Insider with the highest rank will receive 20,000 thisapp Insider Stock Options
Top 10: Each of the top 10 highest ranking thisapp Insiders will each receive 2,000 thisapp Insider Stock Options In order for you to claim your thisapp Insider Stock Options (a "Stock Option Recipient"), a Stock Option Recipient will be required to:
  • Sign the thisapp Insider stock option agreement, which will be provided to you as part of the thisapp Insider stock option package.
  • Agree to the terms of the thisapp Incentive Stock Option Plan, which will be provided to you as part of this stock option package.
  • Submit tax documentation requested by thisapp or otherwise required by applicable law.
"thisapp Insider Stock Options" are options to purchase common stock of thisapp, Inc. Thisapp Insider Stock Options are similar to "stock options" received by thisapp employees, but with certain additional, strict guidelines relating to how these stock options can be exercised and when you can receive a potential benefit from these options. To exercise the thisapp Insider Stock Options (once they are exercisable), the thisapp Option Recipient will need to pay the exercise price for such thisapp Insider Stock Options (the price is set forth below under the section entitled Exercisability) - the same as thisapp employees.
Restrictions on Transferability of thisapp Insider Stock Options: The Stock Option Recipient will not be able to sell, transfer or otherwise assign these stock options to anybody else, except by will or by the laws of descent where the terms of the thisapp Insider Stock Options are binding upon the executors, administrators, successors and assigns thereof. This means that, except in highly limited circumstances, the Stock Option Recipient cannot transfer the thisapp Insider Stock Options.
Exercisability: Each thisapp Insider Stock Option will be granted at an exercise price that is equal to the fair market value of a share of thisapp common stock, which will be determined by thisapp in its sole and absolute discretion at the time of approval of grant. This is the same as thisapp has been doing for it's own thisapp employees. Thisapp Insider Stock Options will only be exercisable upon certain, predetermined extraordinary events that are set forth in the thisapp Insider stock option agreement (e.g., the acquisition of thisapp, Inc. by a third party, an initial public offering of thisapp’s common stock).
Thisapp Common Stock: Upon exercise of your thisapp Insider Stock Options, the thisapp common stock that is issued will still be subject to further transfer restrictions.
Thisapp Insider Stock Options Are Subject to Applicable Securities Laws: The Stock Option Recipient acknowledges that the thisapp Insider Stock Options have not been registered with the SEC under the Securities Act, or with any securities regulatory agency administering any state securities laws, and that the acquisition of thisapp Insider Stock Options is conditioned upon compliance with the Securities Act and all applicable state securities laws. The Stock Option Recipient agrees to cooperate with thisapp to ensure compliance with such laws. The Stock Option Recipient acknowledges that he or she may not transfer any shares of thisapp Common Stock (after exercise of the thisapp Insider Stock Options), unless they are registered under the Securities Act or qualified under applicable state securities laws or unless, in the opinion of thisapp’s counsel, exemptions from such registration and qualification requirements are available.
No Liquidity or Market for thisapp Securities: The thisapp Insider Stock Options and the underlying thisapp common stock will be illiquid securities. Neither the thisapp Insider Stock Options (nor the underlying thisapp common stock) may be transferred unless registered under applicable federal and state securities laws or unless an exemption from such law is available (in addition to the other transfer restrictions described above). Thisapp has no plans, and is under no obligation, to register the thisapp Insider Stock Options or the underlying thisapp common stock under the 1933 Act. No market exists for the thisapp Insider Stock Options or the underlying thisapp common stock and none is anticipated to develop.
Securities are of Speculative Value: Thisapp cannot determine the future value of thisapp common stock. When the thisapp Insider Stock Options become exercisable, the exercise price of the thisapp Insider Stock Options could be greater than the value of the underlying thisapp common stock. In such case, the thisapp Insider Stock Options would have no value.
The summary of the Program (including the Rules and the description of thisapp Insider Stock Options) does not constitute an offer to sell or a solicitation of an offer to buy any securities of thisapp as to any person in any jurisdiction in which it is unlawful to make such an offer or solicitation.
Competition Fraud, Rules Violations, Errors and the Challenging of Results: We encourage you to report suspected fraud, Rules violations or points/ranking calculation errors to us on a confidential basis at [email protected] We appreciate your help and reserve the right to investigate and act on such reports or to decline to do so in our sole discretion. However, if we determine that you have challenged your ranking, the eligibility or ranking of another, or this Program, including by commencing or threatening arbitration or court action against us or any other person, you will forfeit all perks, and we will have no liability to you. You agree not to engage in such challenges. No yelling at the ref, please! Let's keep this friendly.
Other thisapp Insider Rules: We want the Program to be fun, but - as your parents may have warned you - even fun has its limits. So we ask that when tweeting, posting or otherwise spreading the news about the Program (including your Unique Link), please keep it clean, fun and in good taste! thisapp also reserves the right to disqualify any thisapp Insider or change the ranking earned by any thisapp Insider, in thisapp’s sole discretion, for any reason, including but not limited to reasons of obscenity, defamation or invasion of privacy.
Thisapp Insider perks (including thisapp Insider Stock Options) are subject to final verification that all thisapp Insider registrations from your Unique Link are valid. Qualifying thisapp Insiders will be notified of their ability to claim thisapp Insider perks (including thisapp Insider Stock Options) via an email sent to the email address used during registration. If the thisapp Insider fails to confirm acceptance of the thisapp Insider perks and successfully complete any required registration or claim process within the deadline specified in the email (don't worry - we will give you at least one week notice!), the thisapp Insider benefit will be deemed forfeited and shall not be awarded. If a thisapp Insider accepts the thisapp Insider benefit but does not use the benefit during the specified time frame (for example, "Early Access" won't last forever and any free thisapp membership will have an expiration period), then the thisapp Insider benefit will be deemed forfeited. Any and all taxes imposed on thisapp Insider Perks are the sole responsibility of the thisapp Insider (for thisapp Insiders that receive stock options, there is more tax information in the thisapp Insider Stock Options section). If you no longer wish to be a part of the Program, email [email protected] with your request to be removed. If you want to stop receiving thisapp email solicitations either email [email protected] or you can click "unsubscribe" on an email that we send you.
Now that you've read the Rules about the Program, please also review the legal Rules for this program - these are also very important.
Important Legal Stuff relating to the Program - Please read!
Thisapp Insiders are subject to all applicable laws and regulations. The Program is void where prohibited by law.
By submitting a registration for the Program, you agree to resolve any disputes with thisapp through binding arbitration (and with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed below.
No purchase is necessary to become a thisapp Insider and receive the thisapp Insider perks. There is nothing to purchase to increase your odds of winning. The odds of winning thisapp Insider perks depend on how high your referral count and ranking is relative to other thisapp Insiders and the total number of thisapp Insiders that compete. This is an open competition, not a random drawing, so there is no guarantee of any performance by you or any known odds of winning.
Also, our thisapp lawyers tell us we must list out a lot of rules about what thisapp Insiders cannot do. These rules are important, so keep reading below.
But, to sum up the rules we list below, is easy: thisapp reserves the right to disqualify any thisapp Insider for anything that we determine to be "bad behavior" (violating these Rules, circumventing the spirit of the Program or these Rules, or otherwise acting inappropriately). We trust that you won't engage in any such bad behavior, but you must trust us to disqualify any thisapp Insider that we believe is behaving badly!
To be more specific, you must be truthful and accurate when registering and publicizing your Unique Link, and you will only score valid referrals when your Unique Link is used by ELIGIBLE persons that also become thisapp Insiders. Each and every thisapp Insider (and each and every referral you earn) is subject to independent verification by thisapp. Thisapp reserves the right to deduct any number of successful referral credits from your personal total or disqualify you completely, in thisapp’s sole discretion, even if a thisapp Insider joins using your Unique Link, for reasons such as:
  • Incomplete or untruthful registration.
  • Attempts to increase thisapp Insider status through "dummy" email accounts.
  • Multiple attempts to register by the same person under different names or different email addresses.
  • Registering for people, even with their consent or at their request.
  • Each thisapp Member must complete his or her own registration. Any other violation of the Rules.
And, all thisapp Insiders must not do any of the following when using the Site or when participating in the Program:
  • Access the Site using a third party's credentials or by concealing your true IP address.
  • Violate any applicable law or legal requirement.
  • Engage in conduct that is harmful to our interests or another user.
  • Display to others, mirror or frame the Site, or any individual element within the Site
  • Access, tamper with, or use non-public areas of the Site, thisapp’s computer systems, or the technical delivery systems of thisapp or thisapp’s providers;
  • Attempt to probe, scan, or test the vulnerability of any Site or breach any security or authentication measures;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site.
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Site;
  • Attempt to access, search or otherwise use the Site (such as by attempting to retrieve information from or about the Site) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of or other use of the Site;
  • Disregard our robots.txt files (but in the event of a conflict between these Terms of Use and the Site's robots.txt file, the more restrictive of the two shall apply).
  • Access the Site to determine whether a third party holds any type of account or to learn about or verify information about the account.
  • Access the Site if we request or have requested that you refrain from such access.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
  • Collect from the Site or use any information found on the Site about an identified or identifiable individual.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Assist or permit any third party to engage in any act or omission that would violate these Rules.
Thisapp does not assume responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected thisapp Insider registrations; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by thisapp, thisapp Insiders, third parties or by any of the equipment or programming associated with or utilized in the Program; or by any technical or human error that may occur in the processing of submissions or downloading, that may limit, delay or prevent anybody's ability to participate in the Program.
Thisapp reserves the right, in its sole discretion, to terminate or suspend the Program at any time and to provide thisapp Insider perks based on points and eligibility as of the time of termination or suspension. Thisapp would not want to do this, but things could happen, such as a virus, bugs or other causes beyond thisapp’s control, unauthorized human intervention, malfunction, computer problems, network or software malfunctions, which, in the sole opinion of thisapp, corrupt, compromise or materially affect the administration, fairness, security or proper play of the Program or proper registration by thisapp Insiders.
Thisapp is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from participating in the Program.
Thisapp Insider perks cannot be combined, upgraded or modified. Thisapp Insider perks can also not be transferred, assigned or gifted (unless otherwise approved by thisapp in its sole discretion).
Liability Release and Publicity: PARTICIPANTS IN THE PROGRAM AGREE TO RELEASE AND HOLD HARMLESS THISAPPAND EACH OF THISAPP’SOFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED COMPANIES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "THISAPP’S PEOPLE AND PARTNERS") FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE PROGRAM, INCLUDING ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE THISAPP INSIDER PERKS.
PARTICIPANTS AGREE THAT THISAPP’S PEOPLE AND PARTNERS ARE NOT LIABLE FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE PROGRAM OR THE THISAPP INSIDER PERKS. THISAPP’S PEOPLE AND PARTNERS ARE ALSO NOT RESPONSIBLE FOR ANY ERROR IN THE DESIGN OR ADMINISTRATION OF THE PROGRAM OR THESE RULES.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE "APPLICABLE LAW" SECTION OF THESE RULES, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Privacy: You consent to the collection, use, disclosure and other handling of information as described in our Privacy Notice. You consent to our monitoring and recording of telephone calls and other communications between you and us, regardless of who initiates the communication.
Applicable Law: Any and all disputes, claims and controversies arising out of or relating to the Program or the Site shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Delaware without giving effect to its conflict of laws provisions.
Amendment of Program: Thisapp may amend these Terms of Use at any time and at thisapp’s sole discretion, by posting the updated version on thisapp.com (such as via a link to it in the footer). Unless you reject the update as provided by thisapp, you will be deemed to accept the changes and they will take effect at the earlier of: (A) 12:00 p.m. PST on the 10th day after posting to thisapp.com (if there is no update to the Disputes/Arbitration section) or on the 30th day (if there is an update to the Disputes/Arbitration section); or (B) your acceptance of them via a click-through process or some other method that we specify.
Entire Agreement and Admissibility: These Rules constitute the entire agreement and understanding between you and thisapp with respect to the subject matter thereof and supersede all other communications, whether oral or written, between the parties with respect to such subject matter. A printed version of these Rules shall be admissible in judicial, arbitral or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Miscellaneous: You may not assign these Rules, by operation of law or otherwise, without thisapp’s prior written consent. Subject to the foregoing restriction, these Rules will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Thisapp’s failure to enforce your strict performance of any provision of these Rules will not constitute a waiver of thisapp’s right to enforce such provision or any other provision of these Rules.
How to Contact Us: If you have any questions or comments, please contact us: [email protected]
Arbitration and Waiver of Class Actions
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
When we refer to "Rules", we mean the Rules of the Program (including the legal sections) and the thisapp Insider stock options.
When we refer to the "Site", we mean thisapp.com.
Arbitration: Thisapp and you agree that these Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. In the event of a dispute, claim, or controversy arising out of or relating to these Rules (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, and/or the provision of content, products, services, and/or technology on or through the Site, thisapp or you must give the other notice of the dispute, claim, or controversy, and the notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to thisapp by email to [email protected] AND by U.S. Mail to thisapp, Inc., Attention: Thisapp Insider Legal Notice, 2443 Fillmore St #380-17349, San Francisco, CA. To the extent that thisapp has your contact information, it will send any such notice to you by mail and your email address. Thisapp and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Thisapp and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, thisapp or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between thisapp and you arising out of or relating to these Rules (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, and/or the provision of content, products, services, and/or technology on or through the Site, if unresolved through informal discussions within thirty (30) days of the sending of the notice described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in Delaware, and thisapp and you agree to submit to the personal jurisdiction of any state or federal court in Delaware to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Rules, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Thisapp shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds your claims, defenses or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorney's fees and expert witness costs unless thisapp is otherwise specifically required to pay such fees under applicable law.
For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on thisapp and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Thisapp and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Rules and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees.
Notwithstanding the foregoing, thisapp and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim, defense or other fee- or cost-generating activity was asserted or conducted for an improper purpose or was frivolous. Thisapp and you understand that, absent this mandatory arbitration provision, thisapp and you would have the right to sue in court and have a jury trial. Thisapp and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
If you or thisapp’s claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
You or thisapp may choose to pursue a claim in small claims court where jurisdiction and venue over you and thisapp otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief.
You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to thisapp, Inc., Attention: Thisapp Insider Legal Notice, 2443 Fillmore St #380-17349, San Francisco, CA. The notice must be sent within 30 days of your first use of any of the Site, and if you have an account on the thisapp the notice must be sent from the email address we have on file for that account. If you do not opt out via this method, you will be bound to arbitrate disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, thisapp will not be bound by them either.
If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a claim, dispute or controversy between thisapp and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Rules the matter is not subject to arbitration), thisapp and you agree to waive, to the fullest extent allowed by law, any trial by jury.
This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of thisapp, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Rules (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, and/or the provision of content, products, services, and/or technology on or through the Site.
Class Action Waiver:
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Thisapp and you agree that thisapp and you will resolve any disputes, claims or controversies on an individual basis and that any claims arising out of or relating to these Rules (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, and/or the provision of content, products, services, and/or technology on or through the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Thisapp and you further agree that thisapp and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Rules (such as with respect to their validity or enforceability), the Site, any person's access to and/or use of the Site, and/or the provision of content, products, services, and/or technology on or through the Site.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Delaware.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of thisapp, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Rules (such as with respect to their validity or enforceability), and/or the Site, and/or any person's access to and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.
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