Listings Edge is a technology company that aims to enhance the decision-making abilities of people by combining machine and human intelligence. The company offers unique, patented AI technology products that enable text conversations with consumers at scale. These products utilize natural language understanding, data, and personalization to engage consumers in a purchase process prior to interacting with a salesperson.

You authorize Listings Edge to contact you via marketing, transactional, and informational messages regarding real estate transactions. Message frequency may vary, but you can expect to receive no more than one message per week. Standard message and data rates may apply.

Listings Edge may use various communication methods, including text messages, phone calls, pre-recorded messages, or artificial voice messages, initiated through their phone system, Customer Relationship Management (CRM), or Automatic Telephone Dialing System (ATDS). These communications may include providing additional information, scheduling appointments, presenting special offers, or making property offers related to your submitted query.

You confirm that you are contacting Listings Edge using your own phone number and retain the option to opt-out of their services at any time by texting ‘STOP’. For assistance or inquiries, you can contact Listings Edge customer care at 717-707-7786. Listings Edge assures you that your privacy will be protected.

This consent remains valid regardless of your number’s presence on any Federal, State, and/or internal Do Not Call (DNC) list or registries. Additionally, you certify that you are at least 18 years old.

In these Terms of Use, Listings Edge refers to itself as “we”, “us”, “our”, and “Listings Edge”, and the terms “you”, “your” and “user” refer to the user of the Listings Edge services. Listings Edge services refer to both phone-based and text-based services (the “Listings Edge mobile services”) and website and web app-based services (the “Listings Edge web app”), as well as various websites, applications, web applications, text messages, email notifications, and other mediums, or portions of such mediums, provided by Listings Edge.

Listings Edge reserves the right to modify these Terms of Use at any time and for any reason, without providing specific notice to users. The updated Terms of Use will be effective immediately upon posting on the Listings Edge website, and it is the user’s responsibility to review the updated terms periodically.

By using the Listings Edge services, you agree to be bound by these Terms of Use. If you are using the services on behalf of an organization, you agree to these Terms of Use on behalf of that organization, and you represent that you have the authority to bind the organization to these terms. If the organization has a separate agreement with Listings Edge covering the use of the services, that agreement will govern such use.

By accessing and using the Listings Edge services, whether as an individual or on behalf of an organization, you acknowledge that these Terms of Use are supported by reasonable and valuable consideration. This includes your ability to use, submit information to, or receive information from the Listings Edge services. You also represent that you have the legal capacity to be bound by these agreements, or if you are acting on behalf of an entity, you have the authority to bind that entity to these agreements.

When you use the Listings Edge services, you acknowledge and agree that you may receive phone calls and text messages from Listings Edge. You authorize Listings Edge and its Service Providers to contact you by phone or text message using the wireless phone number you provide or any other phone number you provide in the future. You acknowledge that message and data rates may apply and agree that you may receive auto-generated text messages or calls from an automated telephone dialing system, even if you have registered your phone number on a Do-Not-Call registry. Your consent to receive text messages and calls is not a condition of using the Listings Edge services. If you do not wish to receive these calls or text messages, you should not use the Listings Edge services or provide your contact information to Listings Edge.

You agree to indemnify Listings Edge’s Service Providers for any claims, expenses, and damages resulting from your failure to notify them if you change your wireless phone number, including claims arising under the Telephone Consumer Protection Act (TCPA). You agree to promptly notify Service Providers if you change your phone number. You may revoke your consent to receive calls by requesting to be placed on an internal Do Not Call list and text messages by responding with STOP. However, this authorization cannot be revoked to the extent that action has already been taken in reliance on this authorization.

In the event of a dispute between you and Listings Edge, both parties agree to resolve the dispute through binding arbitration. By accepting these Terms, you waive the right to have disputes decided by a judge or jury. You have the option to opt-out of the agreement to arbitrate. Please refer to the Legal Disputes section below for more information.

The Listings Edge services are intended for adults only and are not directed at minors. Listings Edge does not knowingly collect personally identifiable information from anyone under the age of 13, and you should not provide any information regarding individuals under 13 years old. The Listings Edge services are only to be used by citizens and residents of the United States and Canada.

It is important to carefully review these Terms as they become a binding legal commitment once accepted through your use of the Listings Edge services. If you do not agree to these Terms, do not use the Listings Edge services.

Listings Edge reserves the right to modify the terms of service, and any revised terms will replace previous versions. Such revisions will be effective from the date at the top of the revised terms, unless otherwise stated. If any material changes are made to the terms of service, Listings Edge will provide notice to you via the Listings Edge app, text message, or phone call. Non-material changes will be reflected in the effective date at the top of the terms of service page.

We recommend that you review the effective date of the terms of service each time you access the Listings Edge website or mobile app. Your continued use of the Listings Edge services constitutes your acceptance of any changes, whether material or non-material. If you do not agree to the changes, you should cease using the Listings Edge services.

To access and use the Listings Edge services, you will be required to provide your mobile phone number and consent to receiving voice calls and/or text messages, including via automated calling technology, even if your number is listed on a Do-Not-Call registry. Additionally, Listings Edge may request other personal information, such as your email address or physical address. You are responsible for providing accurate and complete information about yourself during the user onboarding process and ensuring that such information is kept up to date.

Your right to access and use the Listings Edge services is personal and cannot be transferred to any other person or entity. You may only access and use the Listings Edge services for lawful purposes and in accordance with these Terms and the Privacy Policy.

You are solely responsible for any use of the Listings Edge services associated with your mobile phone number, including the quality and integrity of your User Data. You are also responsible for any acts or omissions of individuals who have access to or use your mobile phone number, including end-users. You agree to take reasonable measures to prevent unauthorized access or use of the Listings Edge services and to notify Listings Edge promptly of any unauthorized access or use. Listings Edge will not be held liable for any loss or damage arising from unauthorized use of the Listings Edge services via your mobile phone number. You also agree not to permit any individual under the age of 18 to use the Listings Edge services via your mobile phone number.

Listings Edge makes no guarantees regarding the availability of the Listings Edge services. While Listings Edge will endeavor to make the services available, it makes no guarantees regarding their availability at any given time.

In order to use Listings Edge services, you must agree to these terms of service. You are only permitted to use Listings Edge services in accordance with these terms and only as necessary for your activities pursuant to these terms. Any violation of our terms and privacy policy, any actions that restrict or prevent access, use, or enjoyment of Listings Edge services, or any actions that defame, abuse, harass, offend, or threaten through the use of Listings Edge services is strictly prohibited and may result in the loss of your right to access and use Listings Edge services. You are not allowed to modify, scrape, embed, or frame Listings Edge services without prior written permission.

Listings Edge reserves the right to discontinue providing services to any user, group of users, or all users without prior notice at its sole discretion.

Through Listings Edge services, you may connect with third-party service providers. However, Listings Edge does not endorse any third-party service providers, and it is your responsibility to thoroughly investigate any third-party service providers you choose to connect with. Listings Edge is not responsible for any service provider.

Listings Edge is not responsible or liable for any content, service provider content, promotions, data, advertising, products, goods, or services available or unavailable from or through any service provider, including legal, health care, and wellness providers. Any use or reliance on such content, service provider content, promotions, data, advertising, products, goods, or services is at your own risk, and Listings Edge is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your interactions and dealings with service providers and any other terms, conditions, representations, or warranties associated with such dealings are between you and the service provider exclusively and do not involve Listings Edge. Before hiring or engaging any service

provider, you should make whatever investigation or other resources you deem necessary or appropriate.

You agree that Listings Edge is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them. You waive the right to bring or assert any claim against Listings Edge relating to any interactions or dealings with any service provider and release Listings Edge from any and all liability for or relating to any interactions or dealings with service providers. Listings Edge may exclude service providers from displaying in search results on the Listings Edge website for failing to meet particular Listings Edge standards regarding service provider conduct and performance. Listings Edge may also have criminal and/or financial background checks conducted on certain service providers at its sole discretion, but this does not waive any of its disclaimers or limitations of liability.

HEALTH-RELATED PROVIDERS
The information and materials contained on the Listings Edge website (the “Website Content”), including text, graphics, images, and information obtained from Listings Edge or other sources, are provided for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Users of the website should always seek the advice of a qualified healthcare professional with any questions they may have regarding a medical condition. The user should never disregard professional medical advice or delay in seeking it because of something they have read on the Listings Edge website.

In the event of a medical emergency, users should call their doctor or 911 immediately. Listings Edge does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information mentioned on the website. Listings Edge is not a health or wellness provider and cannot recommend or refer users to any health or wellness provider. Reliance on any information provided by Listings Edge, its employees, others appearing on the website at the invitation of Listings Edge, or other visitors to the website is solely at the user’s own risk.

Users should also be aware that the website may contain health-related materials that are sexually explicit. If users find such materials offensive, they may not want to use the website.

Users who post any health-related information about themselves or others on the website do so at their own risk. If users post website content about services rendered to another individual, they represent that they have the legal authority to receive health information about that individual related to the website content from that individual’s healthcare providers, and that they have the legal authority to further disclose such health information. Users should be aware that any health-related information they post will be placed into the public domain and will not be protected by federal or state laws that protect the privacy of health information. Users also acknowledge that the healthcare or wellness provider about whom they submit content may submit service provider content that contains their private or confidential health information in response to the content they submit. Listings Edge is not liable for any such service provider content.

Through the Listings Edge services, users may be connected to third-party service providers, such as real estate brokers, real estate information services, and other companies providing services through the network. Listings Edge does not endorse or recommend the products or services of any service provider and is not an agent or advisor to users or any service provider. Listings Edge does not validate or investigate the licensing, certification, or other requirements and qualifications of service providers. It is the user’s responsibility to investigate any service providers before engaging them. Users acknowledge and agree that service providers are solely responsible for any services they may provide and that Listings Edge is not liable for any losses, costs, damages, or claims in connection with, arising from or related to, the user’s use of a service provider’s products or services. Users are urged to obtain the advice of financial advisors or other qualified professionals who are fully aware of their individual circumstances before making any financial decisions. Users acknowledge and agree that they rely on their own judgment and that of such advisors in selecting any products or services offered by service providers.

Listings Edge does not offer lending or other services, and is not a direct agent of any lending institution or service provider. Instead, Listings Edge may connect you with service providers that meet your needs based on the information you provide. Listings Edge does not make credit decisions with any service provider referred to you, nor does it issue real estate or any other financial products. Listings Edge does not charge users a fee for its services, except for service providers who may pay fees to be matched with users.

By using Listings Edge’s services, you release Listings Edge from liability for any losses, costs, damages, or claims arising from your use of a service provider’s products or services, including any fees charged by a service provider.

If you transmit, submit, or post information to Listings Edge’s services that are not federally trademarked or copyrighted, you grant Listings Edge and its assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish, and/or incorporate any or all such information in any media, including the Content. If you transmit, submit, or post federally trademarked or copyrighted information, you grant Listings Edge and its assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish, and/or incorporate any or all such information in any media, including Listings Edge content.

You are prohibited from transmitting, submitting, or posting information that infringes on Listings Edge’s or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights, violates any law or regulation, is defamatory, obscene, explicit, vulgar, or otherwise injurious to Listings Edge or third parties, contains viruses or other code that can damage or expropriate personal information, contains spam, is false or misleading, or is a commercial advertisement or solicitation without Listings Edge’s written permission.

Listings Edge reserves the right to edit, refuse to post, or remove transmissions, submissions, or postings that do not comply with these terms. You are solely responsible for all your transmissions, submissions, or postings.

Listings Edge’s use of your data is subject to the Privacy Policy, which outlines how Listings Edge will collect, store, and use your user data. By using Listings Edge’s services, you acknowledge and agree to the Privacy Policy. If you do not agree with the Privacy Policy, stop using the Listings Edge services immediately. Listings Edge may use or disclose your data for necessary reasons, including providing services, addressing technical issues, protecting Listings Edge or other users, responding to emergencies, or complying with the law.

You have instructed us to utilize and reveal user data as necessary for various purposes related to the provision of our Listings Edge services, subject to our Privacy Policy and these terms of service. These purposes include, but are not limited to, providing our services, detecting and preventing security incidents, fraud, or unlawful use of the Listings Edge services, responding to technical issues and user inquiries, ensuring the proper functioning of our services, protecting ourselves and our customers from harm or illegal activities, responding to emergencies requiring us to disclose user data, and complying with applicable laws, regulations, legal processes, or government requests.

The term “Law” refers to any legal statute, ordinance, regulation, rule, judgment, or order issued by a government, court, or tribunal of competent jurisdiction. This includes data protection and privacy laws, laws related to user consent or notice, federal and state laws related to recording or monitoring of communications, anti-spam laws and regulations, and any other applicable state, federal, or international laws and regulations.

By using our services, you agree to certain restrictions and requirements. You agree not to transfer, resell, lease, license, or otherwise make our services available to third parties. You also agree to use our services in compliance with all applicable laws and third-party rights, as well as these terms of service. You must ensure that we have the right to use your user data as needed to provide our services. Additionally, you agree not to use our services in any manner that violates any applicable laws, and you will not reverse engineer any software we provide, except as allowed by applicable law.

While using our services, we may offer you opportunities from our network of service/lead partners, and we may receive compensation for leads made to them. Any products or services that you purchase from these partners are not Listings Edge products or services, but rather are offered by third parties. If you accept a lead to one of our service/lead partners, you are giving us permission to provide that partner with your information so they can offer you their products or services. If you choose to engage with a service/lead partner, you will be required to accept the partner’s terms of service as part of the lead process, and the partner will be solely responsible for their products and services.

If you accept a Lead to one of our Service/Lead Partners, you acknowledge that any products or services offered by the Service/Lead Partner are purchased directly from them, and that Listings Edge is not involved in any agreement between you and the Service/Lead Partner regarding those products and services. Listings Edge is not responsible for the Service/Lead Partner’s

products or services, the content included therein, or any claims that you or any other party may have regarding the Service/Lead Partner’s products and services.

By accepting a Lead to one of our Service/Lead Partners, you grant us permission to share your User Data with the Service/Lead Partner so that they may offer their products or services to you.

Ownership and Confidentiality are important to us, and we respect your Confidential Information. If you provide us with feedback, we may use it, but we don’t owe you anything for it.

Both parties agree not to disclose any Confidential Information to anyone else without the other party’s prior written consent, except as permitted by these Terms. We may use and disclose your Confidential Information as necessary to provide the Listings Edge services, including making Leads to our Service/Lead Partners. The receiving party must exercise due care in protecting the Confidential Information of the disclosing party from unauthorized use and disclosure. If compelled by applicable Law to disclose Confidential Information, the receiving party will notify the disclosing party and cooperate with them to protect against any such disclosure.

We offer the Listings Edge services “as is” and make no representations or warranties regarding the Listings Edge services.

The term “Confidential Information” refers to any information or data, regardless of its form, that is disclosed by either party and marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information excludes any information that is publicly available through no fault of the receiving party, properly known to the receiving party prior to disclosure, properly disclosed to the receiving party by another person without violating the disclosing party’s rights, or independently developed by the receiving party without using or referencing the Confidential Information of the disclosing party.

Both parties acknowledge that no adequate remedy may exist at law for an actual or threatened breach of this provision, and in the event of an actual or threatened breach of this provision, the non-breaching party may seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to them.

Each party will promptly notify the other in writing if they become aware of any violations of the confidentiality obligations set forth in this provision.

The following is a legal disclaimer and limitation of liability for Listings Edge services:

Listings Edge hereby disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose, as well as warranties related to third-party equipment, material, services, or software. Listings Edge services are provided “as is” to the fullest extent permitted by law. To the extent that this

disclaimer conflicts with applicable law, the scope and duration of any applicable warranty will be the minimum permitted under such law.

Indemnification: Listings Edge will not pay for any bills, damages, costs, etc. for any claim by you that arises from your use of our services. You agree to indemnify Listings Edge against all claims relating to your use of the Listings Edge services.

Listings Edge shall not have any liability or obligation with respect to any claims, demands, actions, suits, or discovery demands, including, without limitation, third-party subpoenas, government investigations or enforcement actions (“Claim”), and any damages, liabilities, losses, settlements, judgments, costs, and expenses (including, without limitation, reasonable attorney’s fees and costs) (“Losses”) related thereto arising out of your use of the Listings Edge services.

You will defend, indemnify, and hold Listings Edge harmless from and against all Claims brought or threatened by a third party against a Listings Edge Indemnified Party and any Losses related thereto alleging or arising out of your breach of or activities under these Terms or your use of the Listings Edge services.

As a condition of your foregoing indemnification obligations: (a) Listings Edge will promptly notify you of any Claim, provided, however, that the failure to give such notice shall not relieve you of your obligations hereunder except to the extent that you are actually and materially prejudiced by such failure; (b) you will have the sole and exclusive authority to defend or settle any such Claim (provided that, you will obtain Listings Edge’s consent in connection with any act or forbearance required by Listings Edge, which consent will not be unreasonably withheld); and (c) Listings Edge will reasonably cooperate with you in connection with your activities hereunder, at your sole expense. You reserve the right, at your own expense, to participate in the defense of a Claim. You, in connection with a Claim, will pay all Losses following notice of the Claim. Notwithstanding anything herein to the contrary, you will not settle any Claims for which you have an obligation to indemnify admitting liability or fault on behalf of Listings Edge, nor create any obligation on behalf of Listings Edge without Listings Edge’s prior written consent.

Limitation of Liability: INDIRECT DAMAGES. Neither party shall be held liable to the other party for any indirect, special, incidental, consequential, or punitive damages of any nature, including but not limited to damages for loss of goodwill, lost profits, lost sales or business, work stoppage, computer failure or malfunction, lost data, or any other damages or losses, even if one party was advised, knew or should have known of the possibility of such damages. This section shall not limit (a) your liability for breach of the Restrictions and Requirements section above; (b) either party’s liability for breach of the Confidentiality section above; or (c) either party’s indemnification obligations pursuant to these Terms.

DIRECT DAMAGES. Neither party shall be held liable to the other party for any direct damages, costs, or liabilities in excess of the amounts paid or payable by you during the twelve (12)

months preceding the incident or claim, whether in tort, contract, or otherwise. This section shall not limit (a) your liability arising from your breach of Section 5 (Restrictions and Requirements) or Section 10 (Fees, Payment Terms, and Taxes); or (b) either party’s liability arising from such party’s breach of Section 11.4 (Confidentiality); or (c) either party’s indemnification obligations pursuant to these Terms. The provisions of this section 14 allocate the risks between the parties and the parties have relied on the limitations set forth herein in determining whether to enter into these Terms.

Term; Suspension: These Terms will become effective on the first day that you either click “I Accept” or start using the Listings Edge services. These Terms, as they may be updated from time to time, will remain in effect until terminated as described below (“Term”).

We reserve the right to suspend the Listings Edge services immediately upon notice for cause if:
(a) you violate (or give us reason to believe you have violated) these Terms; (b) there is reason to believe that traffic created from your use of the Listings Edge services or your use of the Listings Edge services is fraudulent or negatively impacting the operating capability of the Listings Edge services; or (c) we determine, in our sole discretion, that providing the Listings Edge services is prohibited by applicable law, or it has become impractical or unfeasible for any legal or regulatory reason to provide the Listings Edge services. If we suspend the Listings Edge services, we will make a reasonable attempt to notify you prior to the suspension to the extent we can.

Compliance with Laws: Both you and Listings Edge will comply with the applicable law relating to each of our respective activities pursuant to these Terms.

No Waiver: Our failure to enforce any provision of these Terms at any time does not waive our right to do so later. Additionally, if we do expressly waive any provision of these Terms, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by you and us to be legally binding.

Assignment: You are not allowed to assign or transfer these Terms, in whole or in part, without our prior written consent. Any attempt by you to assign, delegate, or transfer these Terms will be null and void. Subject to this Assignment section, these Terms will be binding on both you and Listings Edge and each of our successors and assigns.

Unenforceability: If any provision of these Terms is found to be unenforceable by a court or tribunal with competent jurisdiction, that provision will be limited or removed to the minimum extent necessary to make it enforceable. The rest of these Terms will remain in full force and effect.

Notices: All notices required or permitted under these Terms must be provided in writing to the receiving party through personal delivery, certified mail (with return receipt requested), overnight delivery by a nationally recognized carrier, or email (with confirmation of receipt). For notices sent to Listings Edge, a copy must be sent to Info@listingsedge.com  Attn: General Counsel.

Entire Agreement: These Terms, along with any attached documents, supersede all prior proposals, statements, marketing materials, presentations, and agreements (oral and written). No information or advice given by Listings Edge, its Members, or employees (whether oral or written) will expand the warranties in these Terms. Any purchase order document or similar document provided by you will only serve as evidence of your internal business processes, and any terms and conditions contained in it will be void and have no effect on these Terms between you and Listings Edge, even if signed by Listings Edge after you accept these Terms.

Force Majeure: No failure, delay, or default in performance of any obligation under these Terms will be considered a default or breach of these Terms to the extent that it arises from causes beyond the control and without negligence of the party affected. These causes may include governmental, civil, or military authority actions or inactions, fire, strike, lockout, labor disputes, flood, terrorism, war, riot, theft, earthquake, and other natural disasters. The party affected by such causes will take all reasonable actions to minimize the consequences.

Governing Law and Venue: The enforceability and interpretation of the Agreement to Arbitrate section will be determined by the Federal Arbitration Act (including its procedural provisions). Aside from the arbitration provision, these Terms will be governed and interpreted according to the laws of the State of Illinois, without regard to conflicts of laws and principles that would apply the laws of another jurisdiction. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any legal suit, action, or proceeding arising from or related to these Terms or the Listings Edge services will be brought in either the state or federal courts of Illinois, and we each consent to the personal jurisdiction of these courts, except as provided in the Arbitration section.

Agreement to Arbitrate
Prior to pursuing a formal legal case, it is requested that customers contact the Customer Support of Listings Edge in order to resolve disputes amicably. However, if the dispute remains unresolved, then the customer and their on one side and Listings Edge and its on the other, agree to resolve any dispute related to the Terms or the Listings Edge services through binding arbitration in Chicago, Illinois or at a mutually agreed location.

This agreement applies to all claims under any legal theory unless the claim falls within the Exceptions to Agreement to Arbitrate. It also applies even after the customer has stopped using the Listings Edge services. Any dispute regarding the enforceability or applicability of this Agreement to Arbitrate will be decided by the arbitrator.

By agreeing to this Agreement to Arbitrate, both parties agree to waive their right to have a judge or jury resolve any controversy or claim arising out of or relating to these Terms or the Listings Edge services.

Exceptions to this agreement to arbitrate include disputes related to intellectual property such as trademarks, trade dress, domain names, trade secrets, copyrights, or patents of either party or

If either party brings a claim in court that should be arbitrated or refuses to arbitrate a claim that should be arbitrated, the other party can request a court to force them to go to arbitration to resolve the claim. Any party can ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

Before filing an arbitration, both parties must agree to seek to resolve any dispute through mediation conducted by the American Arbitration Association (AAA). If mediation is unsuccessful, either party may initiate an arbitration proceeding with AAA. The arbitration will be governed by AAA’s Commercial Arbitration Rules and held with a single arbitrator appointed in accordance with the Rules. Each party will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. The arbitrator will be bound by the Rules and the language of this Agreement to Arbitrate section in case of any conflict.

This Agreement to Arbitrate section does not alter the statute of limitations that would apply to any claims or counterclaims. The arbitrator’s award will be based on the evidence admitted and the substantive law of the State of Illinois and the United States, and will contain an award for each issue and counterclaim. The arbitrator’s decision will be final and binding, except as provided in the Federal Arbitration Act, and judgment may be entered in any court of competent jurisdiction.

Both the customer and their on one hand, and Listings Edge and its on the other hand, agree that any claims or controversies between them must be brought against each other on an individual basis only. The arbitrator cannot combine more than one person’s or entity’s claims into a single case and cannot preside over any consolidated, class, or representative proceeding unless both parties agree otherwise. If a court decides that this Class Action Waiver provision is not enforceable or valid, then the entire Agreement to Arbitrate section will be null and void, but the rest of the Terms will still apply.