Freedom Rave Wear Shoppable Pages Terms & Conditions

FREEDOM RAVE WEAR SHOPPABLE PAGES TERMS & CONDITIONS

THESE TERMS CONSTITUTE A LEGAL CONTRACT. PLEASE READ THEM CAREFULLY BEFORE PARTICIPATING.

This contract includes terms that govern your participation in this program, indemnities to the Released Parties (defined below) from you, limitations of your rights and remedies, binding arbitration of claims, waiver of class action claims, and waiver of the right to trial by jury.

OVERVIEW

The Freedom Rave Wear Shoppable Pages Program ("Program") is offered by Freedom Rave Wear ("Freedom Rave Wear," "us," or "we") and administered by or through LoudCrowd Inc. and Tremendous, LLC. Throughout these Terms, Freedom Rave Wear will be referred to as "FRW".

The Program provides eligible Freedom Rave Wear members (each a "Participant" or "you") with the opportunity to earn commissions, special discounts, free Freedom Rave Wear products, and/or other benefits (collectively, "Incentives") by creating a Freedom Rave Wear storefront through the Program and promoting Freedom Rave Wear's new arrivals to their social media followers.

When you apply to enroll in the Program, you fully and unconditionally agree to and accept these Terms and the decisions of Freedom Rave Wear. You acknowledge that the collection and use of your data will be governed by the Freedom Rave Wear Privacy Policy, including, if applicable to you as a California resident, our California Privacy Notice. Note that your Program account will be operated by LoudCrowd, and all payments to you will be made via Tremendous. By applying to participate in the Freedom Rave Wear Shoppable Pages and, if accepted into the Program, setting up your storefront, you also agree to the LoudCrowd Terms and Privacy Policy, and the Tremendous Terms and Privacy Policy.

IMPORTANT NOTICE: ACCOUNT INACTIVITY

Please be aware that if your account is inactive for three (3) consecutive months, Freedom Rave Wear reserves the right to remove you from the Program at any time. An account is considered "inactive" when no qualified social media posts have occurred on your social media channels promoting the brand by tagging @freedomravewear for three consecutive months. If your account is removed, you will need to reapply to the Program to reactivate your participation.

ELIGIBILITY

To be eligible to participate in the Program, you must:

Be a legal resident of one of the fifty (50) United States or the District of Columbia ("Territory")
Be at least eighteen (18) years old and the age of majority in your jurisdiction of residence

Potential Participants will be evaluated for admission to the Program based on the above criteria as well as:

The alignment of the content of their Social Account to the Freedom Rave Wear brand aesthetic
Other criteria which will be determined in Freedom Rave Wear's sole discretion

Freedom Rave Wear's evaluation of any application is in its sole and final discretion. If an ambassador removes the affiliate link or does not promote the discount code in a 3-month period, the ambassador account will be removed to make room for other ambassadors that want to join and remain active.

Corporate entities are not eligible and have no right to claim any Incentive earned by their employees. Employees, officers, directors, agents, and representatives of Freedom Rave Wear, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Program, as well as each of their respective parent companies, subsidiaries, and affiliated companies (collectively, the "Released Parties") are not eligible.

This Program is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations, and where prohibited by law.

HOW TO APPLY FOR THE PROGRAM

To apply for the Program, potential Participants must:

Visit https://members.loudcrowd.com/campaign/cHJvZ3JhbV9ob3N0OjM1Mw
Fill out an application with all required information

If you are approved to join the Program, you will receive information on how to create your Freedom Rave Wear Shoppable Pages account and the personalized Freedom Rave Wear product listing page at FreedomRaveWear.com created by Participant after acceptance into the Program ("Storefront").

By applying to participate in the Program, you agree to receive emails from Freedom Rave Wear including but not limited to Program-related communications, at the email address registered with the Program.

EARNING INCENTIVES; PROGRAM ACTIVITIES

Participants have the opportunity to earn Incentives through the Program, including commissions on qualifying purchases. Current Incentives and Program details are set forth in Exhibit B. In addition, Freedom Rave Wear may choose to offer bonus Incentives at any time in its sole discretion, and any bonus Incentives will be subject to the terms set forth at the time they are offered. Some bonus Incentives may not be open to all Participants.

Activities that occurred prior to your enrollment in the Program do not qualify for this Program and will not earn you Incentives.

Commission Calculation

In order to be eligible for a commission, a third party must shop with FreedomRaveWear.com through your Storefront and purchase Eligible Merchandise (as defined in Exhibit B) within fourteen (14) days of their visit to your Storefront without having visited another Participant's Storefront in the interim. You are not eligible to earn commissions on your own purchases.

The commission paid will be the rate(s) applicable on the Earning Date multiplied by the Net Sales. "Net Sales" means the amount actually received by Freedom Rave Wear from Eligible Merchandise after all discounts are applied, less returns, taxes or other applicable governmental fees, shipping, handling, delivery surcharges, processing charges.

To the extent the Program offers differing commission rates for differing categories of Products, the commission will be calculated by applying the applicable rate to the relevant category of Eligible Merchandise.

If you or we have terminated or suspended your participation in the Program prior to the Earning Date, no commission will be earned, even if the purchase of otherwise commission-eligible merchandise occurred prior to the termination or suspension effective date.

Other Incentives

For any other Incentives, they will be earned as set forth in Exhibit B or in the terms applicable to any bonus Incentive.

Earning Date

Incentives are earned once they are confirmed by Freedom Rave Wear, or in the case of commissions, on the day following the close of the then-applicable return period (in each case, the "Earning Date"). For instance, if Freedom Rave Wear offers a [#] post/month bonus Incentive, and you compliantly post [#] times during April, Freedom Rave Wear will confirm in May that the goal was reached, and as set forth below, you will be paid on the first business day of June.

Payments

Payments are made within the first seven business days of each month for all Incentives earned in the prior month. All payments to Participants will be made via Tremendous. You will receive a link via email from Tremendous, through which link you will direct Tremendous as to how to disburse your payment.

Freedom Rave Wear has no responsibility or liability for payments that Participant is unable to access at Tremendous or if Participant's Tremendous payment retrieval link is accessed without your authorization and the sums directed in an unauthorized manner. Delivery of payment by Freedom Rave Wear to LoudCrowd or Tremendous fully satisfies Freedom Rave Wear's payment obligations hereunder, and you fully and finally waive any ability to seek compensation directly from Freedom Rave Wear.

Tremendous may limit how long you have to retrieve your payment. Please consult Tremendous' terms or contact Tremendous if you have questions regarding this topic.

PARTICIPANT RESPONSIBILITIES AND COMPLIANCE

Participant is required to create and maintain a Storefront and to promote Freedom Rave Wear Product and the Participant's Storefront on her Social Accounts, driving traffic to the Storefront from their Social Accounts. Participant will be solely responsible for all content that appears on Participant's Social Account, including without limitation the accuracy, timeliness, and appropriateness of the Materials.

Note that because prices and availability of Product may vary from time to time, Participants are prohibited from including any price information in their Materials.

Any and all Product used by Participant in connection with Materials (defined below) is at Participant's sole cost and expense and will not be reimbursed by Freedom Rave Wear. Likewise, transportation to and from any location in connection with Materials creation is at Participant's sole cost and expense. However, from time to time, Freedom Rave Wear may gift Product to Participant as determined in its sole discretion.

It shall be your sole responsibility to maintain the accuracy and confidentiality of your e-mail address, password and any other account identifiers related to your Freedom Rave Wear Shoppable Pages account and Tremendous account, and for restricting access to your computer(s). You agree to accept sole responsibility for any and all activity that occurs under such accounts.

It is Participant's sole responsibility to comply at all times with these Terms; the then-current Freedom Rave Wear's Shoppable Pages Style Guide, which may be provided to you by any reasonable means, including via the Shoppable Pages landing page, and which may be updated in Freedom Rave Wear's sole discretion; the Shoppable Pages Guidelines attached to these Terms as Exhibit A; the FTC's Endorsement and Testimonial Guidelines under FTC 16 C.F.R. Part 255 (the "FTC Endorsement Guidelines") and the accompanying FAQs; and the community guidelines, terms of use and other applicable policies of the social media platform used by Participant for its Materials (collectively, "the Requirements"). To the extent that there is any conflict between any of the Requirements, the strictest requirement shall apply.

Participants must:

Disclose Participant's material connection to FRW when posting about FRW or the Product, including using #FRW[optional] in all Materials and as further set forth in Exhibit A
Not defame, misrepresent or disparage FRW, its business, products, or brands, or any third party brands, products or services competitive to FRW and/or its business, products or brands
Represent FRW in a positive light
Maintain alignment of their Social Account(s) to the FRW brand aesthetic
Not make any statements or representations about FRW, its business, or its products which are not true, that are misleading or deceptive, or that FRW itself is not permitted to make
Refrain from sharing FRW confidential information
Follow FRW's social media accounts
Not utilize FRW trademarks, logos, service marks, slogans, copyrights, or other proprietary rights ("FRW IP") in on or in connection with any website owned or operated by Participant; in any domain name; as key words in pay-for-placement search engine listings or otherwise as search keywords linked to online advertising; or otherwise except as expressly authorized by these Terms

Without limiting the provisions of the Requirements, the Materials and any other Participant activity done in connection with the Program must:

Depict only Participant and no other person, unless such other person is at least eighteen (18) years of age or older (or the age of majority, whichever is greater) and a legal resident of the fifty (50) United States, and Participant has obtained the consent of such person to be depicted in the Materials according to the licensing terms set forth herein (a "Permitted Third Party")
Depict Participant and/or the Permitted Third Party wearing Product(s)
Not display FRW price information
Tag and mention in captions @freedomravewear (for example, in an Instagram post, it must appear "above the fold" within the first three (3) lines of the post or be superimposed in a story)
Not tag, mention, reference, or show any brand that is competitive to FRW
Reflect Participant's actual, honest opinions, findings, beliefs, or experiences with FRW and its business and products
Be Participant's own original work, created solely by Participant, and not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity
Not be generated through the use of artificial intelligence (AI)
Not contain or reference content which is lewd, obscene, sexually explicit, pornographic, profane, or vulgar, or contains alcohol, drugs, tobacco, guns, weapons, or shows or promotes any unsafe activity
Not promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
Not contain or reference content that is disparaging, defamatory, libelous, threatening, abusive, deceptive, fraudulent, invasive of another's privacy, tortious, or otherwise illegal, offensive or inappropriate in any way
Not constitute unauthorized or unsolicited advertising, junk mail, bulk mail, chain letters, or surveys
Not disclose another person's address, phone number, e-mail address, credit card number, or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature
Not impersonate any person or entity, including any employee or representative of FRW

The requirements set forth in (8) through (13) immediately above also apply to all content posted to Participant's Social Account(s), whether or not posted in connection with the FRW Shoppable Page Program.

YOUR LICENSE OF MATERIALS TO US

Participant grants to FRW, its parents, subsidiaries, affiliates, and any parties authorized by FRW (the "FRW Parties") the non-exclusive, perpetual, worldwide, absolute, royalty-free, and irrevocable license to use, modify, display, perform, re-post, link to, and publish in whole or in part:

The Materials in any and all media now known or hereunder after invented, including, without limitation on FRW's websites, in posts on its social media platform pages, and in FRW digital and print marketing; and
Participant's name, image, voice, likeness, Social Account handle(s), and any other indicia of persona (collectively, "Persona") in connection with the Materials

You irrevocably waive all author's or moral rights associated with the Materials. You shall also ensure that any other individuals involved in the creation of your Materials waive in writing any and all author's or moral rights in the Materials.

Nothing herein obligates FRW to make use of Participant's Persona or Materials, but if it does, you have no right to receive notice thereof or to review, approve, or receive additional compensation for such uses, no matter the nature or quantity of uses FRW may make thereof. Notwithstanding the foregoing, from time to time, FRW may provide you with notice and/or bonus Incentives if it uses your Materials, as determined in its sole discretion.

FRW will have no obligation to de-list or delete any posts featuring an Participant's Materials or Persona in the event the Participant is no longer in the Program.

YOUR REPRESENTATIONS AND WARRANTIES TO FRW

Participant represents and warrants that:

Participant is the sole creator of all content, including, without limitation, images, videos, copy, and photographs, created or taken by Participant and used in connection with Program participation (collectively, the "Materials") or has the full right and authority to use the Materials in connection with the Program and to grant all licenses and sublicenses contained in these Terms, and will provide FRW proof of such rights upon request
Participant has the full right and authority to agree to these Terms
Participation in the Program will not violate any agreement, arrangement or commitment with any other party to which the Participant is otherwise bound
The Materials will not infringe upon the intellectual property rights of any third party and will comply with any applicable laws and regulations, including without limitation the Requirements

INDEMNIFICATION

To the maximum extent permitted by applicable law, Participants agree to defend, indemnify and hold the Released Parties harmless from any and all losses, damages, judgments, liabilities, claims, demands, costs, investigations, settlements and expenses, that directly or indirectly arise from or are otherwise directly or indirectly related to:

Your participation in the Program, including use of any Products or Incentives, or your activities in connection therewith
Your breach or anticipatory breach of these Terms
Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities
Any misrepresentation made by you
The Released Parties' use of your information, Persona, or Materials as permitted under these Terms

You will cooperate as fully required by the Released Parties in the defense of any claim. The Released Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the Released Parties. This Section will survive the termination of these Terms.

OWNERSHIP OF FRW IP

As between Participant and FRW, FRW shall own all right, title and interest in the FRW IP, including all copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.

CONFIDENTIALITY

Participant acknowledges that she may, as a result of her participation in the Program receive non-public information relating to FRW's business, including without limitation, upcoming sales and Products, pricing of upcoming Products, financial information, and customers and their purchases. All such information is FRW's confidential information ("Confidential Information").

Participant agrees that she shall not utilize Confidential Information for any purpose other than her performance of her responsibilities under these Terms, except and solely to the extent that any such information is:

Already lawfully known to or independently developed by the receiving party
Disclosed in published materials
Generally known to the public
Lawfully obtained from any third party any obligation of confidentiality to the disclosure hereunder

Notwithstanding the foregoing, Participant is hereby authorized to deliver a copy of Confidential Information to her accountants or attorneys on a confidential basis. Participant may also disclose Confidential Information:

To any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction
Otherwise as required by applicable law, rule, regulation, or legal process

provided that Participant first provide notice to FRW and that FRW has a reasonable opportunity to contest such disclosure.

PROGRAM/TERMS MODIFICATION OR TERMINATION; SUSPENSION OR TERMINATION OF PARTICIPATION OR INCENTIVES

FRW reserves the right to modify or terminate these Terms, the Program, or any element or feature thereof, at any time, for any reason. We will notify you of material changes to the Terms or the Program by email to the address then associated with your FRW S account or by other means as may be permitted or required by applicable law. The updated Terms will be effective as of the time of posting, or upon such later date or by such other method as specified by FRW. The updated Terms will apply to your participation in the Program beginning as of their effective date. In the event of Program termination, FRW will not pay out with respect to Incentives that are not earned prior to the effective date of termination.

Participants who no longer meet the requirements of membership in the Program will be automatically demoted to the tier for which they qualify. In addition, FRW may suspend, demote to a lower tier of the Program, or terminate any Participant who is deemed inactive for six (6) or more consecutive months. For purposes of this paragraph, "inactive" means that no qualified sales have occurred in that month.

FRW also reserves the right to suspend or terminate, at its sole and absolute discretion, your participation in the Program and/or withhold any Incentive otherwise payable to you, with or without notice to you or the opportunity to cure, if FRW believes that you have violated or acted inconsistently with these Terms or applicable law or acted in a manner harmful to FRW's interests.

Abuse or violations that may result in suspension or termination include, but are not limited to:

Using fraudulent means to participate in the Program, including but not limited to using bots or artificial intelligence in the performance of Program-related activities or purchasing followers
Failure to follow these Terms and any other terms and conditions applicable to Program participation
Making a misrepresentation to FRW in connection with your participation in the Program
If Participant commits, or has FRW, any act which, as determined by FRW in its sole discretion, brings FRW or Participant into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community, or which might tend to harm FRW or any of its products or services including, without limitation, disparaging FRW, its products or services, or competitors

In addition, FRW reserves the right to take administrative or legal action against you, including seeking criminal prosecution, in its sole discretion.

You agree to abide by the final and binding decisions of FRW regarding the Program and your participation in it. FRW shall be the sole arbiter in cases of suspected abuse, fraud, or violation of these Terms and any decision it makes relating to termination, suspension, or disabling of the Program or a Participant's participation, or to withhold Incentives as set forth herein, shall be final and binding.

Should a Participant object to any of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Program, Participant's only recourse is to immediately discontinue participation in the Program.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Participants expressly agree that participation in the Program is at the Participant's sole risk. Participants further agree that the FRW Parties shall not be liable to Participants or anyone else for any loss or injury or any indirect, incidental, consequential or special damages arising out of participation in the Program, including participation in any Program-related activity, creation of Materials, redemption or use of any Incentive, or arising out of any action taken in response to or as a result of any information available through the Program. Each Participant hereby waives any and all of the above claims against the FRW Parties and their respective agents, representatives or licensors (the "Released Parties") arising out of, or in connection with, his/her participation in the Program.

Further, you agree that no Released Party is responsible, and will have no liability to you, for:

Any error, omission, interruption, defect or delay in transmission, order processing, or communication, including, without limitation, Program communications
Technical or mechanical malfunctions
Errors in these Terms or in any Program-related materials
Human-processing error
Failures of electronic equipment, computer hardware or software
Damage to your equipment, computer hardware or software
Inaccurate information, whether caused by equipment, programming, human error, or otherwise

To the maximum extent permitted by applicable law, you agree that the Program and all benefits offered therein are provided on a strictly "as is," "as available," and "with all faults" basis. THE RELEASED PARTIES MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR BENEFITS OBTAINED BY PARTICIPANTS THROUGH THE PROGRAM. THE RELEASED PARTIES MAKE NO WARRANTY THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES ANY RELEASED PARTY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PROGRAM. EACH PARTICIPANT HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE RELEASED PARTIES ARISING OUT OF OR IN ANY WAY RELATING TO HIS/HER PARTICIPATION OR ENROLLMENT IN THE PROGRAM, VISITS TO STORES, FAILED, DELAYED OR MISDIRECTED DELIVERY OF ANY COMMUNICATIONS SENT THROUGH THE FRW SHOPPABLE PAGE ACCOUNT, USE OF THE WEBSITE, THE INFORMATION AVAILABLE THEREON OR IN ANY PROGRAM COMMUNICATION, AND THE MODIFICATION OF THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE PROGRAM IS TO CEASE YOUR PARTICIPATION IN THE PROGRAM, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF FRW FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) WILL BE FIVE DOLLARS ($5.00).

The prior limitation on damages is not intended to limit your rights to recover attorneys' fees or costs where applicable or to limit the Released Parties' obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the Released Parties' liability for personal injury or tangible property damage caused by the Released Parties' gross negligence, fraud or intentional, willful, malicious or reckless conduct.

FRW expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by a Participant from or in connection with the Program or FRW shall create any warranty not expressly made herein.

EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, PROVINCE OR OTHER JURISDICTION IN THE TERRITORYARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

NOTICES

Program notices will be transmitted, in FRW's sole discretion through the FRW [Program Name] accounts, e-mail, regular mail, or through other methods as may be deemed appropriate by FRW or permitted under these Terms or applicable law.

Notices required from Participant to FRW hereunder shall be delivered by nationally recognized commercial overnight courier with written verification or receipt; or mailed postage prepaid by certified or registered mail, return receipt requested, to:

Knitwell Group
ATTN: Intellectual Property Legal Department
8323 Walton Parkway
New Albany, OH 43054

with a copy to:

Knitwell Group
ATTN: Legal Department
933 MacArthur Blvd.
Mahwah, NJ 07430

GOVERNING LAW, CLASS-ACTION WAIVER, DISPUTE RESOLUTION AND ARBITRATION

Any legal dispute between you and FRW concerning or arising out of these Terms, your participation in the Program, any products or services sold or distributed through our websites and services, or any other dispute of any nature, shall be resolved through binding individual arbitration (hereafter, "Arbitration Agreement"). However, either you or FRW may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

How Arbitration Works

Disputes will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. Unless you and FRW agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in New York, New York. We encourage you to call in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.

Waiver of Right to Bring Class Action and Representative Claims

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and FRW also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and FRW hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Arbitration Costs

FRW will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys' fees and expenses against you.

Batch Arbitration

You and FRW agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against FRW within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a "Batch Arbitration").

You and FRW agree to:

Work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis
That requests for arbitration are of a "similar nature" if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief

Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

Other Terms & Information

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of New York will govern.

Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration