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Privacy Policy

Previously modified as of August 24, 2018

This privacy notice aims to give you information on how Warrior One LLC collects and processes your personal data through your use of this website, including any data you may provide when you sign up to our newsletter, communicate with us, sign up for as well as participate in any of our Products or Services as those terms are defined in our Terms of Service, above (including on Ruzuku.com and any other learning management system or LMS we may use and other digital Warrior One Products and Services).

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them. “Personal data” or “personal information” refers to information that identifies or can be used to identify you, as further defined under applicable laws. This privacy policy does not limit our use of data that is not deemed personal data under applicable laws.

Warrior One LLC, a California limited liability company, is responsible for your personal data (collectively referred to as “Warrior One”, “we”, “us” or “our” in this privacy notice).

Information We Collect

We collect information that you provide us directly or automatically when you use our Products or Services.

Information that you provide us or give us permission to obtain

When you register an account to use our Products or Services or sign-up to receive our newsletter, you voluntarily give us certain information. This information may include, but is not limited to: your name, e-mail address, phone number, username and password. If you e-mail us, we may keep your message, e-mail address and contact information to respond to your request. You may also provide us with User Content (as described in our Terms of Service), for example if you post a comment or question as part of an online course. We do not control what information you provide to us as part of your User Content, but we strongly urge you to be aware that this information may be available to other course participants.

We do not collect, and you should not provide any sensitive data about you (such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Any credit or debit card information that you provide is not stored by us, but is used and may be stored by our third-party payment processors. See below under Payment Services.

If you are using our Products or Services on your mobile device, you can also choose to provide us with location data. You may also give us permission to access your information in other services. For example, you may link one or more of your social media accounts to our Products or Services, which allows us to obtain information from those accounts (such as your friends or contacts). The information we get from those services depends on your settings or their privacy policies.

Information that we collect automatically

  • Log data. When you use our Products or Services, our servers automatically record information (“Log Data”), including information that your browser sends whenever you visit a website or that your mobile app sends when you’re using it. This log data may include your IP address, browser type and settings, the date and time of your request, how you used the Products or Services, and cookie data.
  • Cookie data. Depending on how you’re accessing our Products or Services, we may use “cookies” (a small text file sent by your computer each time you visit our Products or Services) or similar technologies to record Log Data. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). You can set your browser to refuse to accept cookies. However, if you choose to refuse cookies, some features of our Products or Services may not function as conveniently (e.g., you may have to log in each time to access our Service).
  • Web Beacons. Pages of Company websites or apps may contain small electronic files knows as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other relates website statistics (e.g., recording the popularity of certain website content and verifying system and server integrity).
  • Device information. In addition to Log Data, we may also collect information about the device on which you’re using our Products or Services, including what type of device it is, what operating system you’re using, device settings, app version, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings.
  • Do Not Track. Your browser may support a “Do Not Track” option that can be selected in your browser settings, which sends a signal to websites you visit informing them that you do not want certain information about your visit to be collected. At this time we do not respond to browser “Do Not Track” signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted.
  • Analytics and Usage. We use data analytics and work with certain third party service providers to help us understand and improve the use of our Products and Services, such as Google Analytics. These third party service providers may collect information sent by your device as part of a web page request, such as cookies or your IP address.

We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data under the law as this data does not directly or indirectly reveal your identity. For example, we may aggregate analytics and usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

What happens if you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with Products or Services). In this case, we may have to cancel a Product or Service you have with us but we will notify you if this is the case at the time.

How We Use Your Information

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you (for example to provide you with the Product or Services you’ve signed up for).
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.
  • Generally, with respect to personal data from residents of the European Union, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Below provides more details of the ways we may use your personal data:

  • To register you as a new customer
  • To process and deliver your order including:

(a) Manage payments, fees and charges
(b) Collect and recover money owed to us

  • To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey

  • To enable you to complete a survey
  • To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
  • To deliver relevant website content to you and measure or understand the effectiveness of the advertising we serve to you
  • To use data analytics to improve our Website, Products, Services, marketing, customer relationships and experiences
  • To make suggestions and recommendations to you about products or services that may be of interest to you.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

When We Share Your Information

We may share your personal information with third parties from time to time, including:

  • Agents, Contractors and Service Providers. We may share your information with our agents, contractors or other service providers as needed to carry out the performance and functionality of our Products or Services, fulfill your requests for authorized transactions, or provide user support. If we do this, such third parties’ will be contractually bound to safeguard your personal information.
  • Payment Services. We offer Stripe and PayPal integration. All Stripe and PayPal transactions are subject to the respective policies, Stripe Privacy Policy available at https://stripe.com/ie/privacyand PayPal Privacy Policy available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full. We do not control Stripe or PayPal’s use of the data it collects.

Analytics and Usage. We use third party analytics services. See here for how Google uses data when you use our Service and how you can opt out (www.google.com/policies/privacy/partners/). See here for how Jetpack uses data when you use our Service and how you can opt out (https://jetpack.com/2018/03/27/wordpress-analytics-jetpack/)

  • Other Companies and Organizations. From time to time, we may share your personal information with other reputable companies and organizations whose products, services or other opportunities we think you might find interesting, only where you have opted into this. If you do not want us to share your personal information with other companies or organizations, you have the right to opt out. Please let us know by e-mailing us at [email protected]
  • Business Transfers. If we are acquired by or merged with another entity, or if substantially all of our assets are transferred to another company or as part of a bankruptcy proceeding, we may transfer the information we have collected about you to the acquiring company.
  • We may investigate and disclose information from or about you, as permitted by applicable law, if we have a good faith belief that such investigation or disclosure is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us, helpful to prevent, investigate, or identify possible wrongdoing in connection with our Products or Services, or helpful to protect our rights, reputation, property, or that of our users, subsidiaries, or the public.
  • Except as otherwise described in this Privacy Policy, we will not disclose personal data to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to:
    • conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities;
    • to enforce our Terms of Service, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Site; and
    • to exercise or protect the rights, privacy, property, or personal safety of Warrior One, our users, or others.

We may use and share data that is not considered personal data or personal information under applicable laws.

Data Transfers Outside the EEA

If you are resident in the European Union, please note that as we are located in the United States, when you provide us with your personal information, we will process it in countries outside the European Economic Area (“EEA“), such as the United States, which may not provide the same level of data protection as in your jurisdiction. This is necessary in order to perform our services. Regardless of where your personal information is located, we will adopt measures to protect your personal information as set out below.

Children

The content on our Service is intended for adults and is not directed to children under 16. We do not knowingly collect personal information from children under 16. If you learn that a child has provided us with personal information without parental consent, please contact us immediately by e-mail at [email protected], and we will take steps to remove such information and terminate the child’s account.

Links to Other Websites

Our Products and Services may contain links to third party websites that may offer information of interest. This Privacy Policy does not apply to those websites, and we recommend reviewing those websites’ privacy policies individually. We are not responsible for the content at these third party websites.

Security Policy

We have appropriate technical and administrative security measures in place to help ensure that our users’ information is protected against unauthorized access or use, alteration, unlawful or accidental destruction and accidental loss. Please note, however, that while we have endeavored to create a secure and reliable website for our users, the confidentiality of any communication or material transmitted to or from us via Products or Services cannot be guaranteed. Accordingly, we are not responsible for the security of information transmitted via the Internet.

Data Retention

By law we have to keep basic information about our customers (including customer identification and financial/purchase data) for up to 8 years after they cease being customers for tax, audit and other purposes. In some circumstances you can ask us to delete your data (see below for further information). We may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Accessing and Modifying Your Information

Upon request, we offer visitors the ability to access, update, correct or delete the personal information that we maintain about them. You can access, update, correct or delete your personal information by sending us an email at [email protected].

California Residents. Subject to certain limits under the CCPA, under California law, California residents may ask us to provide them with a list of the categories of personal information that we have disclosed to third parties for those third parties’ direct marketing purposes during the preceding calendar year, as well as the identity of those third parties. California residents may contact us as specified in the Contact Us section below to make a request for this information. You may request, up to twice in a 12-month period, the following information about the personal information we have collected about you during the 12-month period:

  • Request to know more about categories of specific pieces of personal information we collect, use, and disclose about you;
  • Request deletion of your personal information;
  • Opt out of any sales of your personal information that may take place; and
  • Not be discriminated against for exercising these rights.

EEA Residents. If you are located in the EEA, or if otherwise required by applicable law, you also may have one or more of the following rights in relation to your information:

  • Inspection and access: you can request from us a summary and a copy of any personal information we hold about you;
  • Correction/addition/removal: where you believe your information is inaccurate or incomplete, you are entitled to request us to correct, amend or delete it;
  • Portability: you may request that we send you any personal information that you have provided to us or ask that we send this information to a third party;
  • Objection: you may object to us using your personal information where we use it based on our legitimate interests to do so;
  • Restriction: you may request that we restrict the processing of your information where you believe it is inaccurate, our processing is unlawful, you believe we no longer need the information or if you have objected to our use of it; and
  • Automated Decision Making: where we undertake automated decision making (including profiling), which significantly affects you, you are entitled to object to such decision-making.

You always have the right to lodge a complaint with the relevant supervisory authority for data protection in your jurisdiction.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time, and if we do we’ll post any changes on this page. If you continue to use our Products or Services after those changes are in effect, you agree to the revised Privacy Policy. If the changes are significant, we may provide more prominent notice on our Website, send you an email, or get your consent if required by law.

Contacting Us

If you have any requests concerning your personal information or other inquiries regarding this Privacy Policy, please contact us by email at [email protected], by telephone at 707.934.8653, or at the following address:

Warrior One, LLC
P.O. Box 307
Sonoma, CA 95476


Terms of Service

Previously modified as of August 24, 2018

Thank you for being a part of Warrior One! Warrior One’s products and services are provided by Warrior One, LLC (“Warrior One,” “we,” or “us”). These Terms of Service (“Terms”) are a legally binding contract and govern your access to and use of Warrior One’s website and other digital products and services (collectively, “Services”). It is important that you carefully read and understand these Terms. By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Services.

Changes to these Terms or the Services

We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.

Registration and Your Account

You will need to sign up for a user account to use some of our Services. Any use by anyone under the age of 13 is prohibited. You agree that the information that you provide us during registration is accurate, complete, and current and that you will update your information with us to keep it accurate, complete, and current. You are solely responsible for your account and all activity associated with your account, including maintaining the confidentiality of your password.

Your Privacy

You acknowledge and agree that any personal information that you provide or that we collect in connection with the Services will be treated in the manner described in our Privacy Policy, and is incorporated into these Terms.

Payments

If you purchase any products or services (“Products”) through our Services, you agree to pay all applicable fees and taxes. If you fail to pay any fees or charges when due, your access to the Products and Services may be suspended or terminated.

Subscription Cancellation

If you’ve signed up for a subscription-based program, you may cancel any time by contacting us at [email protected].

Fees & Renewal

All purchases and subscription fees are non-refundable and final except as expressly provided in these Terms. You may contact us at [email protected] for further assistance with any purchase or subscription questions.

If you signed up for a subscription-based program through us and are billed by us, then the billing terms described below will apply.
All subscription-based programs are set as an open enrollment model, meaning you can start at any time.

If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your subscription will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful charge.

Unless you notify us before a charge that you want to cancel or do not want to auto-renew, you understand your subscription will automatically continue and you authorize us to collect the then-applicable subscription fee, using any eligible payment method we have on record for you.

Other Limitations

  • We reserve the right to accept or refuse subscriptions at our discretion.
  • We may send you email or other communications related to your subscription such as auto-renewal reminders (regardless of any settings or preferences you may have set).

Code of Ethics

Warrior One coaching services follows the ethical precepts of the International Coaching Federation, which can be found on the International Coaching Federation website (www.coachingfederation.org) and more specifically at https://coachingfederation.org/ethics/code-of-ethics.

Those of us who are practicing attorneys also follow as many of the ethical obligations of attorneys as we can, although the law does not allow us to offer the same absolute confidentiality as attorneys who are practicing law are able to offer, and none of us is practicing law in connection with Warrior One, nor is any advice or coaching offered by anyone at Warrior One legal advice. Nevertheless, we all practice the highest legally allowable confidentiality standards.

Your Use of the Services

Our Services and Products are provided for your personal use only and not for any for-profit or commercial activities, except as expressly permitted in these Terms. No Warrior One materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted in these Terms. You are prohibited from any use of data mining, robots, or any other data gathering and extraction tools in your use of our Services and Products.

You are permitted to view and print a reasonable number of copies of our Products from the Services for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that: (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials; (b) you provide attribution to Warrior One; (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind; and (d) any such copies are subject to the terms and conditions of these Terms and remain the property of Warrior One. You understand and agree that you may not authorize any content to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all necessary steps to prevent any unauthorized reproduction or other use of the content. Failure to abide by these conditions will immediately terminate this limited permission and may result in the infringement of the copyrights and/or trademarks and other proprietary or intellectual property rights of Warrior One or others.

The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to our Products and Services are and will remain the exclusive property of Warrior One and its affiliates. Our Products and Services are protected by copyright, trademark, other laws of the United States, and possibly by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use Warrior One’s intellectual property, including but not limited to Warrior One’s name or any of Warrior One’s trademarks, logos, domain names, other distinctive brand features, or copyrights.

Subject to these Terms, Warrior One grants you a limited, non-exclusive, non-transferable, and revocable license to use our Products and Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Products and Services as provided by Warrior One, in the manner permitted by these Terms.

Your Conduct

You agree to use our Products and Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of our Products and Services by us, other users of those Products and Services and/or any third party. Such restriction includes conduct or User Content (defined below) which is unlawful, or which may, in Warrior One’s sole opinion, harass or cause distress or inconvenience to any person and the transmission of obscene, defamatory, or offensive content, or result in any disruption, within Products or Services.

You may not do any of the following while accessing or using our Products or Services:

  • Access, tamper with, or use non-public areas of our Products or Services, Warrior One’s computer systems, or the technical delivery systems of Warrior One’s providers;
  • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • Access or search or attempt to access or search our Products or Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Warrior One;
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Products or Services to send altered, deceptive or false source-identifying information; or
  • Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Products or Services.

User Content

Some areas of the Service allow you to post content, such as profile information, comments, and other content or information that you choose to provide. Any such material that you submit, post, display, or otherwise make available on the Service is “User Content”. You agree to abide by any guidelines when you post User Content and interact with other users of the Service. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Warrior One has no liability for your interactions with other users.

User Content License Grant. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Warrior One a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, distribute, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Service.

Copyright Policy/Intellectual Property Policy

We respect the intellectual property rights of others and expect users of our Products and Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim regarding Copyright Infringement to:

Warrior One, LLC
P.O. Box 307
Sonoma, CA 95476
Attn: Copyright Agent

Or to: [email protected]

Links

Our Products and Services may contain links to third party websites, advertisers, services, or other content that are not owned or controlled by Warrior One. We do not endorse or assume any responsibility for such third party sites, information, products, or services. If you access any third party website, service or content from Warrior One, you do so at your own risk and agree that we will have no liability arising from your use of or access to any third party website, service or content.

Security

We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Term and Termination

These Terms are effective from the date that you first access our Products or Services or submit any information to Warrior One, whichever is earlier, and will remain effective until terminated in accordance with their terms, except for those terms that survive termination.

Warrior One may terminate or suspend your user account at any time, in our absolute discretion, with or without notice, for any or no reason. Upon termination of these Terms, your right to use our Products and Services will immediately cease, and you will destroy all copies of information that you have obtained through our Products and Services. All disclaimers, limitations of liability, indemnification, Warrior One rights of ownership and licenses to Warrior One will survive any termination.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our Products or Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate Warrior One to maintain or support our Products or Services, or any part or portion thereof, during the term of these Terms.

Warrior One reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers.

Indemnity

As a condition of your access to and use of our Products and Services, you agree to indemnify and hold harmless Warrior One and its affiliates, licensors, licensees, members, officers, employees, investors, agents and other partners, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products and Services, (b) your User Content, or (c) any breach of your representations, warranties, or covenants under these Terms. You will not enter into a settlement of the foregoing without our prior written approval.

Disclaimers

Our Products and Services and all included content are provided on an “as is” and “as available” basis without warranty of any kind, whether express or implied. Without limiting the foregoing, Warrior One expressly disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing or usage of trade, and further informs you that:

(A) Your use of our Products and Services and content is at your own risk;

(B) Warrior One is not a health care or medical provider or provider of psychological services, nor should our Products or Services or content be considered health, medical, or psychological advice;

(C) While there is third party evidence from research that meditation can improve effectiveness and wellbeing, Warrior One makes no claims, representations, or guarantees that our Products, Services or content will in fact result in such therapeutic benefits, and there have been rare reports of people having adverse experiences in conjunction with or even purportedly as a result of meditation; and

(D) Any advice, programs, Products, and Services herein are intended for general information purposes only and not intended to be relied upon to be a substitute for professional medical or psychological advice based on any individual condition or circumstance.

In addition, we make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for:

  • Completeness, accuracy, availability, timeliness, security or reliability of our Products, Services, and all content provided by our Products and Services;
  • Any harm to your computer system, loss of data, or other harm that results from your access to or use of our Products and Services;
  • The deletion of, or the failure to store or to transmit any content and other communications through our Products or Services; and
  • Whether our Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Limitation of Liability

To the maximum extent permitted by law, Warrior One shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. In no event shall Warrior One’s aggregate liability for all claims related to our Products or Services exceed one hundred dollars ($100.00).

The limitations in this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise and whether or not Warrior One has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Governing Law and Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or our Products or Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in the City and County of San Francisco, California. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.

Dispute Resolution

You and Warrior One agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Products or Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Warrior One each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Warrior One agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the agreement contained in these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://adr.org or by calling the AA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure. Unless you and Warrior One agree otherwise, the arbitration will be conducted in San Francisco. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Warrior One submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.

Right to opt out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email of your request to [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the section regarding “Governing Law and Jurisdiction.”

Miscellaneous

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Contacting Warrior One

The Products and Services are provided by Warrior One LLC. You can contact Warrior One by e-mailing us at:

[email protected]

or by writing to us at the following address:

Warrior One, LLC
P.O. Box 307
Sonoma, CA 95476

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