UNFK Terms of Service

Last updated: June 20, 2024

Welcome to UNFK! We’re glad you have decided to join the UNFK community.

This UNFK Terms of Service (the “UNFK Terms”) contains the terms and conditions that apply to users of the UNFK website and related services (“Services”) provided to you by Beyond Present Foundation.

PLEASE READ THESE UNFK TERMS CAREFULLY. IF YOU DO NOT UNDERSTAND THESE UNFK TERMS, PLEASE CONTACT US AT [email protected] BEFORE CREATING AN UNFK ACCOUNT OR ACCESSING THE SERVICES. WHEN YOU APPLY FOR AN ACCOUNT WITH US (YOUR “ACCOUNT”), OR ACCESS OR USE THE SERVICES, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT ALL OF THESE UNFK TERMS, AND YOU AGREE TO OUR COLLECTION, STORAGE, USE AND DISCLOSURE OF YOUR PERSONAL DATA AS DESCRIBED IN THE UNFK PRIVACY POLICY. YOU ALSO AGREE TO RECEIVE ALL NOTICES AND OTHER COMMUNICATIONS FROM US ELECTRONICALLY.

THESE UNFK TERMS CONTAIN BOTH A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND A JURY TRIAL AND CLASS ACTION WAIVER PROVISION, WHICH MEANS THAT YOU AGREE TO RESOLVE ANY DISPUTES BETWEEN US ABOUT THESE UNFK TERMS AND YOUR USE OF THE SERVICES IN ARBITRATION ON AN INDIVIDUAL BASIS, INSTEAD OF IN FRONT OF A JURY IN A COURT OF LAW. THIS ALSO MEANS YOU MAY NOT PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US. YOU SHOULD READ SECTION 6 FOR MORE DETAILS ABOUT YOUR DISPUTE RIGHTS, INCLUDING YOUR RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT.

The UNFK Terms are a legal agreement between the individual applying for an Account (“User,” “you,” or “your”) and Beyond Present Foundation, a Cayman Islands foundation company, and our subsidiaries and affiliates (collectively, “UNFK”, “we”, “us,” and “our”) that apply to your use of the Services. The UNFK Terms become effective on the first date you sign up for, access, use, or interact with the Services. Services provided by third parties that you access through the Services may be covered by other UNFK Terms, conditions or agreements. Please also read the UNFK Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal Data.

1. Participating in the Programs.

1. Overview. The Services consist of the following programs (“Programs”):

1.1. Prank Program. UNFK may, in its sole discretion, choose to provide incentives and/or rewards for participation or achievements in live events or programs (“Prank Program”), completing certain activities or for other contributions as UNFK deems appropriate, and may select various reward types including UNFK Points. For information regarding the scope, criteria, rewards, selection process, and other details for each Prank Program please refer to the specific announcement detailing the particular Prank Program in which you are participating, and any additional documentation you receive (the “Program Documents”).

1.2. UNFK Points Program. UNFK may choose to provide program rewards or incentives in the form of Points. Points have no monetary value, are not investments nor investment vehicles, and they should not be treated as such; their value is simply their utility for functionality. Points are not, and shall never convert to, or accrue to tokens or any other virtual assets. Points do not constitute any currency or property of any type and are not redeemable, refundable, or eligible for any fiat or virtual currency or anything else of monetary value, under any circumstances. Points are not transferable between users outside of the Points Program, and you may not attempt to sell, trade, or transfer any Points outside of the Points Program, or obtain any manner of credit using any Points. Any attempt to sell, trade, or transfer any Points outside of the Points Program will be null and void. UNFK reserves the right to cancel Points at any time in UNFK’s sole and absolute discretion and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party, in the event UNFK finds such measures reasonable and/or necessary in a particular situation, including, but not limited to, change of regulatory requirements, or upon suspicion or detection that you do not primarily reside or are not domiciled in a permitted jurisdiction or are engaged in fraud or other illegal activity.

2. Eligibility. By agreeing to the UNFK Terms, you are promising that:

2.1. you are at least 18 years old;

2.2. you have not previously been suspended, removed or deactivated from the Services or an Account;

2.3. you are a legal resident of the United States;

2.4. you are not the subject of sanctions, or designated on any list of prohibited or restricted parties, or a citizen or organized or resident in a country or territory that is the subject of country-wide or territory-wide sanctions, or otherwise restrained by law from participating in the Program; and

2.5. your use of the Services complies with all applicable laws and regulations. Any use or access to the Services by any individual other than you is strictly prohibited and in violation of the UNFK Terms.

Unless stated otherwise in the Program Documents, UNFK may, at its sole discretion, introduce new or change existing eligibility criteria or change or modify the conditions or requirements of the Programs and terminate any User’s participation at any time, as UNFK deems appropriate.

3. Know Your Customer. UNFK may share identifying information and documentation with certain vendors or third-party providers, including those who provide KYC screening for identity verification and sanctions and watchlist screening services (the “Third-Party Services”) in compliance with the UNFK’s Privacy Policy and may receive information from such Third-Party Services. You agree that your access and use of such Third-Party Services are governed solely by the terms and conditions of such Third-Party Services, and UNFK is not responsible or liable for, and make no representations as to any aspect of such Third-Party Services, including, without limitation, their content or the manner in which they handle, protect, manage or process data or any interaction between you and the provider of such Third-Party Services. You irrevocably waive any claim against UNFK with respect to such Third-Party Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such Third-Party Services, or your reliance on the privacy practices, data security processes, or other policies of such Third-Party Services.

4. Duration. Notwithstanding any other information provided by UNFK regarding the Programs, UNFK may change, discontinue, or terminate, temporarily or permanently, all or any part of the Programs, at any time and without notice at its sole discretion, including, prior to providing any incentives or rewards, and including, without limitation, the modification of the presence, amounts, or any other conditions applicable to the Program incentives and rewards, without any liability to the Program participants.

5. Removal From the Programs. UNFK reserves the right to block any participant’s access to or participation in the Programs. If you violate any of the terms and conditions of the UNFK Terms (as determined solely by UNFK) or if you do not complete the necessary information or fail to provide accurate information, then you may be removed from the Programs and will not be eligible to receive rewards. UNFK further reserves the right to request information about, review, and investigate all Program activities, and to disqualify participants if we believe a participant has engaged in any activity that is abusive, fraudulent, in bad faith, or otherwise fails to meet the Program standards as set out in any Program Documents, requirements, or UNFK Terms.

6. Audits and Reviews. Depending on the type and nature of the Program, UNFK may require audits or reviews of security measures, compliance programs, such as KYC protocols, export controls, data collection controls, or other features related to regulatory frameworks. These requirements and acceptance of any related Program do not constitute an endorsement or determination by UNFK of the sufficiency of underlying measures and do not create any liability on the part of UNFK for the compliance or security of the Program. UNFK is not responsible for determining whether a program complies with any applicable regulatory obligations or security standards. You are solely responsible, and you assume all liability, for ensuring compliance with all laws.

7. Creating And Securing Your Account. To use the Services, you need to create an Account first. You will need to provide certain personal information when you apply for an Account, which may include your first and last name, email address, and other documentary information used to verify your personal information. The information you provide to us when you apply for, and while you use your Account must be true, accurate, and complete, and you agree to keep your personal data (“Personal Data”) up-to-date at all times. Your right to access and use the Services is personal to you, and you may not allow anyone else to access or use your Account. You may only create one Account. You are responsible for keeping your Account information and your password a secret. You can change your Account information by logging into your Account. If you lose your username or password, or you believe your Account has been used by an unauthorized party, notify us immediately by emailing [email protected]. We may suspend access to your Account if we believe that your Account has been compromised. Unless otherwise required by applicable consumer protection laws, we are not responsible for any losses or damages you suffer from your failure to keep your Account credentials safe. We reserve the right to terminate or restrict your Account at any time and for any reason without prior warning.

8. Protecting your Privacy. It may be obvious, but the Services may not be very useful to you if you do not provide us with your Personal Data. To create an Account and to use the Services, you must agree to the terms of the UNFK Privacy Policy, which allows us and certain of our service providers and partners (“Partners”) to use and maintain your Personal Data to enable the functionality of the Services. We may also receive Personal Data about you from third parties with whom you have an account relationship and who you have authorized to share Personal Data with us. That said, your privacy is extremely important to us, and we want you to know that we are committed to protecting your Personal Data from unauthorized disclosure to others. For more information about how we collect and use Personal Data and other information we receive about you from third parties, see the UNFK Privacy Policy.

2. Prohibited Uses; Closing Your Account; Effect of Termination.

2.1. Prohibited Uses. You may only use the Services for lawful purposes. We may suspend your access to the Services or close your Account if: (a) we suspect you are committing fraud or are engaging in illegal activity, (b) you violate any of these the UNFK Terms; (c) you act abusively to us or to other Users; (d) we believe we are required to do so by law, or if we are ordered to do so by a regulatory authority; (e) you use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithms or methodology to access, acquire, copy or monitor the Services or any portion of the Services; (f) you post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; (g) you attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; (h) you access or use the Services in a way that may infringe upon the trademark, copyright, privacy, or publicity rights or any other intellectual property or other rights of any third party; or (i) for any other reason or no reason, at any time.

2.2. Closing your Account. While we certainly hope that you will find great value in the Services and remain part of the UNFK community, we won’t make it hard on you if you decide to move on. To close your Account, please email [email protected].

2.3. Effect of Account Termination. IMPORTANT: IF WE OR YOU CLOSE OR TERMINATE YOUR ACCOUNT, YOU WILL NO LONGER BE ELIGIBLE TO RECEIVE POINTS OR PARTICIPATE IN ANY PROGRAM OR USE ANY OF THE OTHER SERVICES FEATURES. UPON ANY TERMINATION OR SUSPENSION OF YOUR ACCOUNT, ANY INFORMATION THAT YOU HAVE SUBMITTED, UPLOADED OR OTHERWISE MADE AVAILABLE ON, TO OR THROUGH THE SERVICES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSIBLE BY YOU. Upon termination of your Account, all licenses and other rights granted to you by these UNFK Terms will immediately cease. UNFK is not liable to you or any third party for termination of your Account. Except as may be required by applicable law or as provided in the UNFK Privacy Policy, UNFK will have no obligation to store or maintain any account information stored in our database or to forward any information to you or any third party.

3. Taxes

You are responsible for the payment of all taxes associated with your receipt of any incentives or rewards or any type. You agree to promptly provide UNFK with any additional information and complete any required tax or other forms relating to your receipt of such rewards. You may suffer adverse tax consequences as a result of your participation in any Program. You hereby represent that (i) you have consulted with a tax adviser that you deem advisable in connection with your participation, or that you have had the opportunity to obtain tax advice but have chosen not to do so, (ii) UNFK has not provided you with any tax advice with respect to your participation, and (iii) you are not relying on UNFK for any tax advice.

4. Intellectual Property Rights; Third-Party Websites.

4.1. UNFK Materials; Feedback. The text, graphics, images, logos, button icons, photographs, editorial content, notices, software, and other materials we provide you, including the manner in which we arrange or present them to you (the “UNFK Materials”) are protected under both United States and other applicable copyright, trademark and other laws. The UNFK Materials belong to UNFK, or are licensed to UNFK by our Partners. We grant you the right to view and use the UNFK Materials, but we or our partners retain ownership of the UNFK Materials at all times. You may download or print a copy of the UNFK Materials for personal, non-commercial use only. Any distribution, reprint or electronic reproduction of any UNFK Materials in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the UNFK Materials in a manner that violates any applicable law or these UNFK Terms. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant UNFK an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

4.2. Our Rights to Content You Provide. As a member of the UNFK community and as UNFK User, we may allow you to post content on bulletin boards, blogs and various other publicly available locations on the Services. These forums may be hosted by UNFK or by one of our third-party service providers on our behalf. You are responsible for all content (“Content”) you submit, upload, post or store through the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. We are not responsible for the Content or data you submit through the Services. By submitting Content to us, you represent that you have all necessary rights to the Content and you are granting us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Content in connection with marketing, promotions, and for any other business purpose related to the Services. We may redistribute part or all of and derivative works from your Content in any media formats and through any media channels we choose. You also hereby grant each UNFK User a non-exclusive license to access your posted content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to enable the functionality of the Services. You agree not to use, nor permit any third party to use, the Services to: (i) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; (ii) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; (iii) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or (iv) interfere with other UNFK Users’ use of the Services. You are posting Content to the Services voluntarily and posting Content does not create an employee relationship between you and us. You may not copy or use personal identifying or contact information about other UNFK Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to UNFK Users through the Services are prohibited.

4.3. UNFK respects your intellectual property rights and those of other members of the UNFK community, and we ask that you do the same. Unfortunately, as a service provider, it is not possible for us to screen everything our users upload or share on the Services for copyright infringement, but you can be assured that we’ll look into it right away.

4.4. If you believe that your Content, is being used on the Services in a way that infringes your rights or the rights of someone else, please send the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act, “DMCA”) to us at [email protected]:

4.4.1. Your physical or electronic signature (or the physical or electronic signature of a person you have authorized to act on your behalf), along with your mailing address, telephone number, electronic mail address;

4.4.2. Identification of the copyrighted work you believe was infringed on the UNFK Services, or, in the case of multiple copyrighted works, a representative list of those works.

4.4.3. Identification and location of the material that you believe infringes on your intellectual property rights or that is the subject of infringing activity that you would like us to remove, or disable access to,

4.4.4. A statement that you believe in good faith that (i) the use of the infringing material on the Services is not authorized or is prohibited by law, (ii) the information in your notice to us is accurate, and (iii) under penalty of perjury, in the event that someone else represents you, that you have authorized that person to act on your behalf.

4.5. You should also be aware that under Section 512(f) of the DMCA, any person who knowingly sends meritless notices of infringement may be liable for damages, so please don’t make any false claims. We may share any information or correspondence you provide us with third parties, including the person who uploaded the allegedly infringing material to the Services. When we receive a bona fide infringement notice, our policy is to (i) immediately remove or disable access to the infringing material; (ii) notify the UNFK User that we have removed or disabled access to the material; and (iii) for repeat offenders, to terminate such the UNFK User’s access to the Services.

4.6. If you believe that we removed your content in error, you may send our Designated Agent a written counter-notice with the following information:

4.6.1. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

4.6.2. Identification of the copyrighted work that were moved, and the location where it would have been found prior to its removal; and

4.6.3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification.

4.7. If we receive a counter-notice, we may send a copy of it to the original complaining party informing that person that we may restore the removed material to the UNFK Services or cease disabling it in 10 business days. Unless the complaining party files an action seeking a court order against you, we will restore access to the removed material in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

4.8. Third-Party Websites. We may provide links through to the Services to educational materials, webinars, and promotions on Facebook®, Instagram®, Twitter® and LinkedIn® and other social media platforms that enable sharing and collaboration among UNFK users and our Partners. If you share any Personal Data, pictures, opinions, or any other content on those third-party services, you do so at your own risk, and your use of those third-party services is subject to the terms of use and privacy policies of those services, and not ours. You should review those documents to better understand your rights, and the manner in which those third-party services use your Personal Data.

5. No Warranties, Limitation of Liability and Indemnification.

5.1. No Warranties. Your access to and use of the Services and the Services may be interrupted due to malfunction of your or our equipment, and due to software updates, maintenance, and other actions that UNFK, in its sole discretion, may elect to take from time to time for any reason. We will not be liable to you or anyone else for any loss, cost, or damage that results from any scheduled or unscheduled downtime, or your inability to access your Account. Your sole and exclusive remedy for any failure or non-performance of the Services, will be for UNFK to use commercially reasonable efforts to restart, reconnect or repair the applicable Services. WE MAKE NO WARRANTIES TO YOU ABOUT YOUR ACCOUNT, THE SERVICES OR PROGAM, OR POINTS YOU RECEIVE IN CONNECTION WITH ANY PROGRAM. EXCEPT AS EXPRESSLY DESCRIBED IN THESE UNFK TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU REGARDING YOUR ACCOUNT AND YOUR USE OF THE SERVICES. THE SERVICES IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE AVAILABLE FOR YOU TO USE, OR THAT THE INFORMATION YOU SEE IN YOUR ACCOUNT IS ACCURATE OR UP-TO-DATE.

5.2. LIMITATION OF LIABILITY. OUR LIABILITY TO YOU IS LIMITED. EXCEPT AS OTHERWISE PROVIDED IN THE UNFK TERMS AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL UNFK, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, OR UNFK PARTNERS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF: (A) ANY PRANKS CONDUCTED PURSUANT TO A PROGRAM, (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE DESCRIBED OR PROVIDED TO YOU, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (D) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH YOUR ACCOUNT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SET FORTH IN THIS SECTION 5.2 DO NOT APPLY, ANY LIABILITY OF UNFK, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS, EMPLOYEES, OR UNFK PARTNERS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR LIABILITY TO YOU FOR DIRECT DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00).

5.3. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UNFK, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, SUITS, PROCEEDINGS, LOSSES, LIABILITIES, ATTORNEY’S FEES, AND ALL RELATED EXPENSES, WHETHER IN TORT, CONTRACT, OR OTHERWISE, THAT ARISE OUT OF, RELATE TO, OR ARE ATTRIBUTABLE, IN WHOLE OR IN PART, TO YOUR BREACH OF THESE UNFK TERMS OR ANY ACTIVITY BY YOU RELATED TO YOUR USE OF THE UNFK SERVICES OR PARTICIPATION IN A PROGRAM.

6. Arbitration; Jury Trial and Class Action Waiver.

6.1. This Section 6 constitutes your agreement to arbitrate (“Arbitration Agreement”) all disputes arising under or in connection with the UNFK Terms and your relationship with us (collectively, a “Claims”). This includes Claims made by us against you, by you or anyone connected to you against us or any of our subsidiaries, affiliates, agents, employees, predecessors, successors, or assignees. Arbitration is often used to resolve Claims more efficiently than a trial, particularly where the amount of the Claims is small. YOU ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. ANY ARBITRATION UNDER THESE UNFK TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATIONS WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM.

6.2. All Claims will be decided finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you or to us. You can obtain copies of the AAA rule and forms by contacting AAA at 1-800-778-7879 or www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside as of the date you execute this Agreement. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s Claims. The arbitrator’s decision and judgment criteria will not have a precedential or collateral estoppel effect on Claims asserted by any individual or entity who was not party to the arbitration. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). This Arbitration Agreement will be governed by the FAA. If a court or arbitrator decides that this Arbitration Agreement cannot be enforced as to a particular Claim for relief, then that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. Individual Claims filed in small claims court are not subject to this Arbitration Agreement as long as the Claim remains in small claims court. The arbitrator alone will have the authority to interpret the scope and enforceability of this Arbitration Agreement, except that any Claim concerning the scope or enforceability of the prohibition on class, collective, or representative Claims, or Claims in arbitration for public injunctive relief, will be resolved by the state and federal courts in city and county of San Francisco, California in accordance with California law.

6.3.ARBITRATION OPT-OUT: YOU MAY OPT OUT OF RESOLVING DISPUTES BY ARBITRATION BY EMAILING US AT [email protected] WITHIN 30 DAYS OF FIRST ACCEPTING THE UNFK TERMS, AND TELLING US YOU WOULD LIKE TO OPT OUT OF MANDATORY ARBITRATION. YOU MUST INCLUDE YOUR FIRST AND LAST NAME, YOUR MAILING ADDRESS, YOUR EMAIL, AND YOUR MOBILE PHONE NUMBER IN THE EMAIL.

7. Additional Terms.

7.1.General. The UNFK Terms, together with the UNFK Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and UNFK regarding your use of and access to the Services.

7.2.Governing Law. These UNFK Terms and any disputes about the UNFK Terms will be governed by Delaware law or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within the state of Delaware, without regard to its choice of law or conflicts of law principles that would require application of the law of a different jurisdiction.

7.3.Severability. Unless any other provision of the UNFK Terms state otherwise, and to the extent not prohibited by applicable law, if any court or regulatory authority finds that any part of the UNFK Terms is invalid or unenforceable, that finding will not affect the validity or enforceability of the rest of the UNFK Terms.

7.4.Assignment. Except when prohibited by applicable law, we may assign your Account and our rights under the UNFK Terms in whole or in part to a third party without your permission, and the entity to whom we sell, transfer or assign your Account and the UNFK Terms will take our place. This means that if we merge with another company or sell the company, the UNFK Terms will still apply to you. The UNFK Terms apply only to you, and you may not transfer your Account to anyone else.

7.5.Waiver of Rights; Delay in Enforcement. If we do not enforce, or if we delay enforcing any of our rights under the UNFK Terms, we will not lose those rights. We may also decide to waive one or more of our rights without Notice to you, but doing so does not waive our right to enforce those rights at a later date.

7.6.Terms That Will Survive After These Terms are Terminated. Some of these terms will remain in effect even after you have stopped using the Services and have closed your Account. These terms include Section 2 Section 6, and this Section 7.

7.7.Modification of the UNFK Terms. We reserve the right to change the UNFK Terms at any time, or to temporarily or permanently discontinue the Services with or without Notice to you. We also reserve the right to change the features of the Services in our sole discretion. We will notify you of any changes to the UNFK Terms via email or through your Account, and the UNFK Terms will always indicate the date the UNFK Terms were last revised. If you don’t like the changes we make, you should stop using the Services and close your Account. By continuing to use the Services after we notify you of any changes to the UNFK Terms you are letting us know that you agree to the changes, in the same manner as you did when you first agreed to the UNFK Terms.

7.8.Contact Us. If you have any questions regarding the Services, your Account or the UNFK Terms please email us at [email protected].