Terms of Service

(Last updated: 8/23/22)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITES, AS THEY DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, REMEDIES, AND OBLIGATIONS, AND IN PARTICULAR, YOUR AGREEMENT THAT: (1) ANY AND ALL CLAIMS AND DISPUTES YOU MAY HAVE WITH DANDELION SHALL BE RESOLVED EXCLUSIVELY BY AND THROUGH BINDING ARBITRATION AND THAT YOU WAIVE ANY RIGHTS TO HAVE CLAIMS AND DISPUTES AGAINST DANDELION RESOLVED BY A JURY OR IN A COURT OF LAW; AND (2) YOU CAN ONLY PURSUE CLAIMS AND DISPUTES AGAINST DANDELION AND/OR SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, OR DECLARATORY RELIEF) AGAINST DANDELION ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

1. ACCEPTANCE OF TERMS AND CONDITIONS

Thank you for your interest in Dandelion Health (“Dandelion”). These Terms of Service (“Terms of Service” or “TOS”) are an agreement between you (hereinafter “You,” “Yours,” and/or “Customer”) and Dandelion. These are rules you agree to follow when using our Websites and/or any interactive mobile application that Dandelion may develop from time to time (collectively, the “Websites”), including when you view content on the Websites. To make these Terms easier to read, the services offered by Dandelion on the Websites, are collectively called the “Services.”

PLEASE READ THESE TERMS OF SERVICE AND OUR PRIVACY NOTICE CAREFULLY. BY ACCESSING OR USING THE WEBSITES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS, AND YOU HAVE THE AUTHORITY TO ENTER INTO THIS TOS PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE DISCLAIMERS AND WAIVERS OF RIGHTS INCLUDED HEREIN, YOU MAY NOT USE THE WEBSITES. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU SHOULD CEASE ALL USE OF THE WEBSITES AND LOG OFF IMMEDIATELY.

2. SCOPE OF TOS

Dandelion Health Inc. (“Dandelion”) provides the Websites for informational purposes only, and these TOS solely relate to your use of the Websites and the Services. Any use of Dandelion’s products or other services is outside the scope of these TOS, and are subject to a separate agreement with Dandelion.

3. UPDATES AND AMENDMENTS TO TERMS OF SERVICE

We may update these TOS from time-to-time and may amend them at any time to incorporate additional terms specific to additional features, materials, products, information, opportunities or services that we may make available on or through the Websites. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this TOS or other notice on the Websites. You should periodically visit this page to review the most current TOS and updates. Your continued use of our Websites or of any purchased product or service (including Services) following any future amendment constitutes your acceptance of any modified terms and consent to be bound thereby. We reserve the right to revise these TOS, or any portion of them, at any time without notice by updating this posting.

4. MODIFICATIONS TO WEBSITES

Dandelion reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites (or any part thereof) with or without notice. You agree that Dandelion shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites.

5. YOUR USE OBLIGATIONS

You agree to use the Websites in strict accordance with the terms of this TOS and any applicable laws and regulations. You agree not to: (i) attempt to access the Websites or any servers or Websites (including the Website) owned or operated by or for Dandelion for any purpose other than as expressly provided for herein, (ii) make use of any automatic or robotic tool to access the Websites or servers or any of the materials or services located thereon, (iii) remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within any content on the Websites; or (iv) reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Websites or the content available therein.

Additionally, you agree not to use the Websites:

In any way that violates any applicable federal, state, local, or international law or regulation;
In any way that infringes or violates any intellectual property rights or any other rights of any other party;
For the purposes of exploiting, harming, or attempting to exploit or harm minors in any manner;
To transmit, or procure the sending of, any advertising or promotional material without Dandelion’s prior written consent;
To impersonate or attempt to impersonate Dandelion, its employees, any other users of the Websites (“Users”), or any other person or entity;
To engage in conduct that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or that restricts or inhibits anyone’s use or enjoyment of the Websites, or which may otherwise expose Dandelion or any other individual to liability;
In any manner that could disable, overburden, damage, or impair the Websites or interfere with any other Users’ use of the Websites;
In an attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites or any computer, server, or database connected with Websites;
To reverse engineer or otherwise attempt to obtain the source code or underlying ideas or information related to the Websites; or
To otherwise attempt to interfere with the proper working of the Websites.

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Websites) to enable use of the Websites, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Websites. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Websites. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Websites at any time without prior notice.

6. USE AT YOUR RISK, NOT INTENDED AS MEDICAL ADVICE

The Websites are designed to give you information related to Dandelion’s products and services, and is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information contained in or available through the Websites is for general informational purposes only. Dandelion makes no representation and assumes no responsibility for the accuracy of information contained in or available through the Websites, and such information is subject to change without notice. Your use of any such information is entirely at your own risk. You acknowledge that it is solely your responsibility to decide if and how to use any information delivered to you hereunder, and to determine if you have any further interest in any of the Dandelion products or services.

Use of the Websites is available only to individuals who are at least 18 years old or who have the consent of a parent or other guardian. Therefore, by using the Websites you represent and warrant that if you are an individual, you are at least 18 years old or have had a parent or other legal guardian review and accept these TOS.

7. THIRD PARTY PRODUCTS AND SERVICES

Dandelion is not responsible for examining or evaluating any products, advice, or services offered by any third parties whose icons, products, advice, services, or links may appear on or through the Websites. This includes links contained in advertisements, including banner advertisements and sponsored links. Dandelion has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of such websites or resources. If you decide to access any third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Dandelion makes no representations, warranties, or conditions regarding the offerings of any third-party. You accept that the purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from a third-party is solely between you and the third-party. You further accept that Dandelion will not be a party to or be in any way responsible for monitoring any transaction between you and third-party.

8. ACCOUNT

In order to access certain features of the Websites, you may be required to create an account on the Websites (an “Account”). In registering for an Account, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Websites registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, Dandelion has the right to suspend or terminate your Account and refuse future use of your Account. You are responsible for all activities that occur under your Account. You agree to immediately notify Dandelion of any unauthorized use of your password or any other breach of security.

9. NO RESALE OF WEBSITES OR ANY INCLUDED INFORMATION

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Websites or the Services.

10. PRIVACY POLICY

Please see our Privacy Policy as well as Section 11 of these TOS for descriptions of how we may collect and use your personal information, The Privacy Policy is hereby incorporated into these TOS by reference and constitute a part of these TOS.

11. PERSONAL INFORMATION

What Personal Information May Be Collected:

Dandelion may collect information you provide when using the Websites, including, but not limited to:

Personal identifying information and contact information;
Account registration information;
Demographic and geolocation data;
Computer, mobile device, and/or browser information (e.g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes);
Usage activity concerning your interactions with the Websites and/or third-party websites, networks, or applications accessed through the Websites (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page, etc.);
Billing, payment, and shipping information.

If Users use their mobile devices to visit, access, or use the Websites, then additional categories of information that we may collect include:

The name associated with the User’s mobile device;
The telephone number associated with the User’s mobile device;
The User’s geolocation;
With the User’s express written consent, information about third-party software applications on the User’s mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications).

How Information is Collected:

Dandelion may collect information directly from Users (1) when they visit, access, or use the Websites; (2) when they register with or subscribe to use the Websites or any product or services available through the Websites; (3) when they sign into the Websites; (4) when they interact with the Websites on any social media platforms; (5) when they allow the Websites to access, upload, download, import, or export content found on or through, or to otherwise interact with, their computer or mobile device (or any other device they may use to visit, access, or use the Websites) or online accounts with third-party Websites, platforms, servers, or applications; or (6) when Dandelion asks them for such information. In addition, if Users or third parties send Dandelion a comment, message, or other communication about Users or their activities on or through the Websites, then Dandelion may collect any personal or non-personal information provided therein. Finally, Dandelion may use various tracking, data aggregation, and/or data analysis technologies, including, for example, the following: cookies, flash cookies, web beacons, scripts, and analytic tools and services.

Please be advised that if the User chooses to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies, then certain areas of the Websites might not function properly.

By visiting, accessing, or using the Websites, the User acknowledges and agrees in each instance that the User is giving Dandelion permission to monitor or otherwise track activities on the Websites, and that Dandelion may use the aforementioned technologies and/or tracking, data, aggregation, and data analysis technologies.

Use of Personal Information:

In connection with the services provided by the Websites, Dandelion and its affiliates may use your personal information for a number of purposes, including, but not limited to:

Verifying your identity;
Confirming your location;
Administering your account;
Fulfilling your requests;
Processing your payments;
Facilitating use of the Websites and or products or services offered through the Websites;
Communicating with you through email or other forms of communication, including providing you with information regarding Dandelion’s products and services and/or promotions regarding such products and services;
Providing you with customer support;
Improving the Websites;
Analyzing traffic to and use of the Websites;
Protecting or enforcing Dandelion’s rights and properties and the rights and properties of others;
When required by applicable law, court order, or other governmental authority; and
In any other way Dandelion believes in good faith is necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations, or properties of Dandelion, a User of the Websites, or anyone else who may be harmed by such activities, or to further Dandelion’s legitimate business interests).

Disclosure of Personal Information:

Subject to the limitations describe in Dandelion’s Privacy Policy, Dandelion may disclose its Users’ information to third parties in connection with the provision of its products and services or as otherwise permitted or required by law. Dandelion may de-identify Users’ information and disclose such de-identified information for any purpose not prohibited by applicable law.

12. DANDELION’S PROPRIETARY RIGHTS

You acknowledge and agree that the Websites and information provided by Dandelion in connection with the Websites (the “Content”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Dandelion or its licensors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Websites or the Content, in whole or in part. All right, title and interest in and to the Websites and all Content will, at all times, remain with Dandelion and/or its licensors.

13. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITES AND THE CONTENT AVAILABLE THEREIN IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DANDELION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. DANDELION DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. DANDELION AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (A) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR ANY CONTENT AVAILABLE THEREIN WILL BE COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, WEBSITES, CONTENT, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU AS A RESULT OF THE WEBSITES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. NO ADVICE, DATA, CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DANDELION OR THROUGH OR FROM THE WEBSITES, OR ANY LACK OF ANY SUCH ADVICE, DATA OR INFORMATION, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DANDELION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DANDELION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITES OR ANY INFORMATION OR DATA DELIVERED TO YOU AS PART OF THE WEBSITES; (II) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (III) ANY OTHER MATTER RELATING TO THE WEBSITES. IN NO EVENT WILL DANDELIONS’ MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIM ARISING FROM ANY BREACH OF THIS TOS OR THIS WEBSITES OR THE CONTENT AVAILABLE THEREIN, EXCEED ONE HUNDRED DOLLARS USD ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST DANDELION FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE WEBSITES, INCLUDING BUT NOT LIMITED TO YOUR USE OF SERVICES, MATERIALS OR FEATURES AVAILABLE ON THE WEBSITES, OR ANY CONTENT ON THE WEBSITES.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST DANDELION ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.

If you are a California resident, you waive California Civil Code Section 1542, which says:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Dandelion, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Indemnitees”) harmless from and against any and all third-party suits, actions of any kind, claims, proceedings, damages, settlements, judgments, injuries (including death), liabilities, rights, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (1) your use of the Services or the Websites (including your use of materials or features available on the Websites); (2) any Content; (3) your connection to the Services; (4) your breach or violation of these TOS; (5) your violation of any rights of another; and (6) your infringement of any intellectual property or privacy right of any person.

IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS “LIMITATION OF LIABILITY” AND “INDEMNITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

16. TRADEMARK INFORMATION

Dandelion and the Dandelion logo are trademarks and service marks (together with any other Dandelion logos and product and service names) are trademarks of Dandelion Health Inc. (the "Dandelion Marks"). Without Dandelions’ prior permission, you agree not to display or use in any manner the Dandelion Marks.

17. CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your work has been copied and posted on Websites in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Websites of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please direct any claims of copyright or other intellectual property infringement as follows: By email: compliance@dandelionhealth.ai

18. PAYMENT

You agree to pay all fees due for items and/or services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

19. TERMINATION

Dandelion reserves the right to terminate your access to the Websites or any of its services at any time and for any reason, without notice to you. Upon termination, you must cease use of the Services and Websites and destroy all materials obtained from such Websites and all copies thereof, whether made under these Terms or otherwise. Except as otherwise provided, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Websites, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.

20. DISPUTE RESOLUTION

a. Informal Resolution Required Before Commencing Arbitration

It is our hope that most concerns regarding the Websites and/or Services are resolved quickly and to the customer’s satisfaction by emailing customer support at compliance@dandelionhealth.ai. If you believe that you have a dispute or claim against Dandelion arising out of your use of the Websites or under these TOS, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which should be sent to Dandelion at 1850 Muttontown Rd, Syosset, NY 11791-9652, USA (“Notice Address”). The Notice must (i) include your name, residence address, username (if applicable) and email address associated with your User account (if applicable), (ii) describe the nature and basis of the claim or dispute, and (iii) set forth the specific relief sought.

If we are unable to resolve your concerns informally within 30 days after Dandelion receives your notice, your sole and exclusive remedy is to commence an arbitration proceeding against Dandelion in accordance with the procedures set forth below. As set forth more fully below, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL, AND LEAD OR PARTICIPATE IN A CLASS ACTION.

b. Binding Arbitration; Waiver of Right to Participate in Class Action or Other Representative Action

You agree that any and all disputes or claims that have arisen or may arise between you and Dandelion that cannot be resolved via informal efforts shall be resolved exclusively through final and binding arbitration, rather than a court of law, in accordance with the terms set forth herein.

YOU EXPRESSLY AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIMS OR DISPUTES WITH OR INVOLVING THE COMPANY.

YOU EXPRESSLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY VIA ARBITRATION WITH JAMS IN NEW YORK, NEW YORK, AND ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOU EXPRESSLY AGREE THAT THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

YOU EXPRESSLY AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND DANDELION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, AND THAT ANY SUCH DISPUTE SHALL BE VENED IN NEW YORK, NEW YORK.

YOU EXPRESSLY AGREE THAT DANDELIONS’ MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIM ARISING FROM THESE TOS OR THE WEBSITES OR THE CONTENT AVAILABLE THEREIN, SHALL EXCEED ONE HUNDRED DOLLARS USD ($100).

YOU EXPRESSLY AGREE THAT THE AWARD OF THE ARBITRATOR(S) WILL BE FINAL AND BINDING.

YOU EXPRESSLY AGREE THAT DANDELION MAY SEEK INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN NEW YORK STATE AS NECESSARY TO PROTECT ITS RIGHTS OR PROPERTY PENDING THE COMPLETION OF ARBITRATION.

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING AND FORFEITING (1) YOUR RIGHT TO A TRIAL BY JURY; (2) YOUR RIGHT (IF ANY) TO PURSUE CLAIMS VIA CLASS OR REPRESENTATIVE ACTION; AND (3) TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

c. Arbitration Procedures

Any arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), then in effect. You must file a demand for arbitration with JAMS within one (1) year after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise, your claim is waived. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

21. WAIVER AND SEVERABILITY OF TERMS

The failure of Dandelion to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

22. ELECTRONIC COMMUNICATIONS

The communications between you and Dandelion use electronic means, whether you visit the Websites or send Dandelion e-mails, or whether Dandelion posts notices on the Websites or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Dandelion in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Dandelion provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

23. ASSIGNMENT

The TOS, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Dandelions’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

24. ENTIRE AGREEMENT

The TOS constitutes the entire agreement between you and Dandelion concerning the subject matter contemplated herein, superseding any prior agreements between you and Dandelion with respect to the Websites. If any provision of these TOS shall be deemed unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.