Terms of Service
Terms of Service for Non-European Users
Section 22 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Anonymous Agent in the United States. Please read them carefully.
Last Updated: April 26, 2022
Thank you for using Anonymous Agent!
These Terms of Service (“Terms”) are a binding legal agreement between you and Anonymous Agent that govern your right to use the websites, applications, and other offerings from Anonymous Agent (collectively, the “Anonymous Agent Platform”). When used in these Terms, “Anonymous Agent,” “we,” “us,” or “our” refers to the Anonymous Agent Inc. with whom you are contracting.
The Anonymous Agent Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and accept contracts. Members who publish and offer contracts are “Merchants” and Members who search for, accept, or fulfill contracts are “Influencers.” You must register an account to access and use many features of the Anonymous Agent Platform, and must keep your account information accurate. As the provider of the Anonymous Agent Platform, Anonymous Agent does not own, control, offer or manage any contracts. Anonymous Agent is not a party to the contracts entered into directly between Merchants and Influencers, nor is Anonymous Agent a marketing broker, marketing agency, or insurer. Anonymous Agent is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Anonymous Agent’s role see Section 16.
If you are a Member, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to all your activities.
Our mission is to create a platform for you to monetize your influence, both online and offline. Learn more about a Contract by reviewing the description and photos, the Merchant profile, and Influencer feedback.
2. Searching and Accepting on Anonymous Agent.
2.1 Searching. You can search for Merchant Contracts by using criteria like the type of Merchant Service, location, price, and potential rewards. You can also use filters for different results. Search results are based on their relevance to your search and other criteria. 2.2 Accepting. When you accept a Contract, you are agreeing to all parts of this contract including the non-optional steps in the contract, applicable fees like Anonymous Agent’s service fee, taxes, and any other items identified during the process. Anonymous Agent Payments will deduct amounts you owe from your payout. When you have successfully accepted a Contract, a contract for Influencer Marketing (a "Marketing Contract" or “Contract”) is formed directly between you and the Merchant. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Contract, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Contract. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to accepting a Contract.Be aware that some Merchants work with an agency or as part of a team to post their contracts.
2.3 Independence of Influencers. Your relationship with Anonymous is that of an independent individual or entity and not an employee, agent, joint venture, or partner of Anonymous Agent, except that Anonymous Agent Payments acts as a payment collection agent as described in the Payments Terms. Anonymous Agent does not direct or control your Influencer Activities and Service, and you agree that you have complete discretion whether and when to provide Influencer Activities and Services, and at what price and on what terms to offer them.
3. Cancellations and Failures.
3.1 Cancellations. If as an Influencer you cancel a Contract, there should be any transaction needed.
3.2 Failures. If an Influencer fails to meet the requirements of a Contract, compensations are based on predetermined standards of the underlying product/plan.
4. Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Location, Experience or other Merchant Service. For example, this means: (i) you are responsible for leaving an Location (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Location, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are accepting a Contract for an influencer who is a minor or if you bring a minor to a Merchant Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Anonymous Agent Platform and any Content (as defined in Section 10), including your stay at any Location, participation in any Experience, use of any other Merchant Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Merchant Service to determine whether it is suitable for you. For example, Merchant Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Merchant Services for a Contract.
5.1 Influencer Taxes. As an influencer, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your income any applicable VAT or other indirect taxes, income, or other taxes ("Taxes").
5.2 Collection and Remittance by Anonymous Agent. In jurisdictions where Anonymous Agent facilitates the collection and/or remittance of Taxes on behalf of Influencers, you instruct and authorize Anonymous Agent to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Anonymous Agent are identified to Members on their transaction records, as applicable. Anonymous Agent may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Anonymous Agent is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
5.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Anonymous Agent may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Influencer Services to facilitate accurate tax reporting by you, our Merchants, and/or their organizations.
6. Merchant on Anonymous Agent.
6.1 Merchant. As a Merchant, Anonymous Agent offers you the right to use the Anonymous Agent Platform to share your marketing opportunities with our vibrant community of Influencers. It’s easy to create a Contract and you are in control of how you post - set your number of contracts per week, tiers, and reimbursement limit depending on your plan type for each Contract.
6.2 Contracting with Influencers. When an influencer successfully accepts a Contract through the Anonymous Agent Platform, you are entering into a contract directly with the Influencer, and are responsible for delivering your Merchant Service. You are also agreeing to pay applicable fees like Anonymous Agent’s service fee (and applicable taxes) for each contract.
6.3 Independence of Merchants. Your relationship with Anonymous Agent is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Anonymous Agent, except that Anonymous Agent Payments acts as a payment collection agent as described in the Payments Terms. Anonymous Agent does not direct or control your Merchant Service, and you agree that you have complete discretion whether and when to provide Merchant Services, and at what price and on what terms to offer them.
7. Managing Your Contracts Listing.
7.1 Creating and Managing Your Contract Listing. The Anonymous Agent Platform provides tools that make it easy for you to set up and manage a Contract Listing. Your Listing must include complete and accurate information about your Merchant Service and Contract, which may include but are not limited to, your average price range, accepted social media platforms type of service. You are responsible for keeping your Listing and Contract information and content up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Merchant Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may maintain multiple Listings per Location.
7.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Merchant Services. For example: Some jurisdictions require Merchants to register, get a permit, or obtain a license before providing certain Merchant Services (such as preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Merchant Services you want to offer may be prohibited all together.Check your local rules to learn what rules apply to the Merchant Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Influencers and others in compliance with applicable privacy laws and these Terms, including our Merchant Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
7.3 Recommendation Ranking. The availability and ranking of Listings in search results on the Anonymous Agent Platform depends on a variety of factors, including these main parameters:
Influencer search parameters (e.g. number of Likes, location, price range),
Listing characteristics (e.g. price, type of Merchant Service, location of Merchant Service),
Influencer preferences (e.g. how the Influencer interacted with similar contracts before),
Merchant requirements (e.g. accepted social media platforms), and
Search results may appear different on our mobile application than they appear on our website. Anonymous Agent may allow Merchants to promote their Listings in search or elsewhere on the Anonymous Agent Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be obtained by contacting email@example.com.
7.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Merchant Services. You are responsible for setting your price and establishing rules and requirements for your Listing. Do not encourage Influencers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Anonymous Agent Platform.
7.5 Your Assumption of Risk. You acknowledge that marketing carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Anonymous Agent Platform, offering Merchant Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Anonymous Agent Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Merchant Services and that you are not relying upon any statement of law made by Anonymous Agent.
8. Cancellations and Failures.
8.1 Cancellations. In general, if an Influencer cancels or gives up a Contract, there should be no other transactions needed and that contract can be reassigned to other Influencers.
8.2 Failures. If an Influencer fails to meet the requirements of a Contract, charges are based on predetermined standards of the underlying product/plan..
9.1 Merchant Taxes. As a merchant, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").
9.2 Collection and Remittance by Anonymous Agent. In jurisdictions where Anonymous Agent facilitates the collection and/or remittance of Taxes on behalf of Merchants, you instruct and authorize Anonymous Agent to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Anonymous Agent are identified to Members on their transaction records, as applicable. Anonymous Agent may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Anonymous Agent is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
9.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Anonymous Agent may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Merchant Services to facilitate accurate tax reporting by you, our Influencers, and/or their organizations.
Anonymous Agent may charge fees (and applicable Taxes) to Merchants and Influencers for the right to use the Anonymous Agent Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Anonymous Agent Platform, service fees are non-refundable. Anonymous Agent reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12. Anonymous Agent Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
Act with integrity and treat others with respect
Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Follow our Nondiscrimination Policy and do not discriminate against or harass others.
Do not scrape, hack, reverse engineer, compromise or impair the Anonymous Agent Platform
Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Anonymous Agent Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Anonymous Agent Platform or Content.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Anonymous Agent Platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of the Anonymous Agent Platform.
Only use the Anonymous Agent Platform as authorized by these Terms or another agreement with us
Do not use the Anonymous Agent Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
You may use Content made available through the Anonymous Agent Platform solely as necessary to enable your use of the Anonymous Agent Platform as an Influencer or Merchant.
Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
Do not request, make, or accept a booking or any payment outside of the Anonymous Agent Platform to avoid paying fees, taxes or for any other reason.
Do not require or encourage Influencers to open an account, leave a review, complete a survey, or otherwise interact with a third party website, application or service before, during or after a Contract, unless authorized by Anonymous Agent.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not book Merchant Contracts unless you will actually be using the Merchant Services.
Do not use, copy, display, mirror or frame the Anonymous Agent Platform, any Content, any Anonymous Agent branding, or any page layout or design without our consent.
Honor your legal obligations
Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
Read and follow our Terms, Additional Legal Terms, Policies, and Standards.
Do not use the name, logo, branding, or trademarks of Anonymous Agent or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Anonymous Agent branding.
Do not offer Merchant Services that violate the laws or agreements that apply to you.
Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Anonymous Agent. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Anonymous Agent. If you reported an issue to local authorities, Anonymous Agent may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Anonymous Agent Platform infringes copyrights, please notify us.
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and Anonymous Agent reflected by these Terms is effective when you access the Anonymous Agent Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Anonymous Agent may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Anonymous Agent may also terminate this agreement immediately and without notice and stop providing access to the Anonymous Agent Platform if you breach these Terms, you violate our, you violate applicable laws, or we reasonably believe termination is necessary to protect Anonymous Agent, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Anonymous Agent believes it is reasonably necessary to protect Anonymous Agent, its Members, or third parties; Anonymous Agent may, with or without prior notice:
suspend or limit your access to or use of the Anonymous Agent Platform and/or your account;
suspend or remove Listings, Reviews, or other Content;
cancel pending or confirmed bookings; or
suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Anonymous Agent determines in its sole discretion, you will be given notice of any intended measure by Anonymous Agent and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Merchant will be reduced by the amount we refund or otherwise provide to the Influencer, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates. Anonymous Agent may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Merchant and terminate your Anonymous Agent account, any unconfirmed booking(s) will be automatically canceled but confirmed booking(s) will still remain in effect. If you terminate your account as an Influencer, any confirmed booking(s) will be automatically canceled. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Anonymous Agent Platform has been limited, or your Anonymous Agent account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Anonymous Agent Platform through an account of another Member.
13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 22.
Anonymous Agent may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Anonymous Agent Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Anonymous Agent Platform will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
If a Member provides valid evidence that you, your guest(s), or your pet(s)damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Anonymous Agent and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Anonymous Agent and Anonymous Agent determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Anonymous Agent via Anonymous Agent Payments can collect the amount of the Damage Claim from you. You agree that Anonymous Agent may seek to recover from you under any insurance policies you maintain and that Anonymous Agent may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Anonymous Agent requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Merchant Services.
16. Anonymous Agent’s Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Merchant Contracts. While we work hard to ensure our Members have great experiences using Anonymous Agent, we do not and cannot control the conduct of Influencers and Merchants. You acknowledge that Anonymous Agent has the right, but does not have any obligation, to monitor the use of the Anonymous Agent Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Anonymous Agent Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Anonymous Agent administers its terms and policies, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Anonymous Agent in good faith, and to provide Anonymous Agent with such information and take such actions as may be reasonably requested by Anonymous Agent with respect to any investigation undertaken by Anonymous Agent regarding the use or abuse of the Anonymous Agent Platform. Anonymous Agent is not acting as an agent for any Member except for where Anonymous Agent Payments acts as a collection agent as provided in the Payments Terms.
You must register an account to access and use many features of the Anonymous Agent Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Anonymous Agent Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Anonymous Agent if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
18. Disclaimer of Warranties.
We provide the Anonymous Agent Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Influencer, Merchant, Merchant Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Anonymous Agent Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Anonymous Agent has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
19. Limitations on Liability.
Neither Anonymous Agent (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Anonymous Agent Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Anonymous Agent Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Anonymous Agent Platform, or (iv) publishing or booking of a Listing, including the provision or use of Merchant Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Anonymous Agent has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
In no event will Anonymous Agent’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Anonymous Agent Platform, any Content, or any Merchant Service, exceed: (A) to Influencers, the amount you paid as a Influencer during the 12-month period prior to the event giving rise to the liability, (B) to Merchants, the amount paid to you as a Merchant in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of the agreement between you and Anonymous Agent. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Anonymous Agent’s option), indemnify, and hold Anonymous Agent (including Anonymous Agent Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the Anonymous Agent Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Merchant Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
21. United States Governing Law and Venue.
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 22 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
22. United States Dispute Resolution and Arbitration Agreement.
22.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Anonymous Agent in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 22 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
22.2 Overview of Dispute Resolution Process. Anonymous Agent is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 22 applies: (1) an informal negotiation directly with Anonymous Agent’s customer service team (described in paragraph 22.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Anonymous Agent each retain the right to seek relief in small claims court as an alternative to arbitration.
22.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Anonymous Agent each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Anonymous Agent by mailing it to Anonymous Agent’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Anonymous Agent will send its notice of dispute to the email address associated with your Anonymous Agent account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
22.4 Agreement to Arbitrate. You and Anonymous Agent mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Anonymous Agent Platform, Merchant Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Anonymous Agent agree that the arbitrator will decide that issue.
22.5 Exceptions to Arbitration Agreement. You and Anonymous Agent each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction : (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Anonymous Agent Platform or Merchant Services. You and Anonymous Agent agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
22.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
22.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Anonymous Agent agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
22.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Anonymous Agent will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
22.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
22.10 Jury Trial Waiver. You and Anonymous Agent acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
22.11 No Class Actions or Representative Proceedings. You and Anonymous Agent acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
22.12 Severability. Except as provided in Section 22.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
22.13 Changes to Agreement to Arbitrate. If Anonymous Agent changes this Section 22 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Anonymous Agent (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Anonymous Agent.
22.14 Survival. Except as provided in Section 22.12 and subject to Section 13.6, this Section 22 will survive any termination of these Terms and will continue to apply even if you stop using the Anonymous Agent Platform or terminate your Anonymous Agent account.