Last Updated: June 7, 2024

 

I. Introduction and Eligibility

 

Thank you for visiting the LA28 website. Please read these Terms of Use (“Terms”) carefully before using the Services (defined below). This Website (defined below) is owned and operated by the Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028 and its affiliates (“LA28”, “we”, “our”, “us”). Your access to and use of the Services is subject to the following Terms and all applicable laws.

 

These Terms include LA28’s Privacy Policy, which is incorporated into these Terms.

 

a. Binding Agreement. These Terms constitute a binding agreement between you and LA28. “You” and “users” means all visitors to the Services. You accept these Terms each time you access the Services. If you do not accept these Terms, you must not use the Services.

 

b. Revisions to Terms. We may revise these Terms at any time by posting an updated version; provided, however, that we will endeavor to provide you with notice of any material changes to these Terms. We will update the “Last Revised” date at the top of this page when we update these Terms. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Services after a change to these Terms constitutes your binding acceptance of these Terms.

 

 

II. The Services

 

a. The “Services” means, collectively, the LA28website (the “Website”), mobile applications, or other digital services that LA28 makes available to you.

 

b. The terms “Post” and “Posting” as used in these Terms means the act of submitting, uploading, publishing, displaying, or similar action on the Services.

 

 

III. Eligibility to Use the Services

 

a. Children. No part of the Services is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. YOU MAY NOT DOWNLOAD ANY LA28 CONTENT FROM THE SERVICES OR SUBMIT ANY PERSONAL INFORMATION (AS DEFINED BELOW) OR USER CONTENT TO THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OF AGE.

 

b. Agent of a Company, Entity, or Organization. If you are using the Services on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:

 

i. Are an authorized representative of that Organization;

ii. Have the authority to bind that Organization to these Terms; and

iii. Agree to be bound by these Terms on behalf of that Organization.

iv. You represent and warrant that the information you provide to LA28 upon the use of the Services and at all other times will be true, accurate, current, and complete.

 

 

IV. Communications

 

LA28 may communicate with you by email, by posting a notice on the Services, or through other means as permitted by applicable law.

 

Electronic Notices. By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you.

 

 

V. Content Ownership and Use

 

a. LA28 Content. The contents of the Services include: designs, text, graphics, images, photographs, video, information, logos, button icons, software, technology, applications, links, audio, computer code, and other content or materials included or displayed in or through or generated from the Services, and any improvements to or derivatives of the foregoing, that are owned or controlled by LA28 (collectively, “Company Content”). LA28 or its licensors own all right, title and interest in or otherwise control all Company Content, as well as the compilation (meaning the selection, collection, arrangement, and/or assembly) of all Company Content, as well as any and all intellectual property and proprietary rights in or to such Company Content (including goodwill) and such Company Content is protected under copyright, trademark, and other laws.

 

i. License to You. We authorize you, subject to these Terms, to access and use the Services and the Company Content, and to download and install any apps, solely for your personal, noncommercial use of the Services we provide, at our discretion. Any other use is expressly prohibited. This license is revocable at any time by LA28 with or without notice and with or without cause. Unauthorized use of the Company Content may violate copyright, trademark, and applicable regulations and statutes and is strictly prohibited.

 

ii. Restrictions. You may not use, copy, reproduce, translate, publish, perform, republish, upload, transmit, display, exploit, license, sublicense, make derivative works of or distribute material made available on or through the Services, including but not limited to content owned or controlled by LA28, third parties, or users, in any way without prior written permission of the intellectual property right owner(s). You may not download or copy materials that we do not make expressly available, in writing, for download or copying without our prior written permission. Unauthorized modification of materials obtained from the Services for any purpose is a violation of applicable copyrights and/or other proprietary rights or those of our licensors.

 

b.  No Implied Rights. There are no implied licenses granted in these Terms. All rights not granted herein are expressly reserved by us, our licensors, or the intellectual property right owner of any content.

 

c. Company Marks. LA28, the LA28 logo, and other LA28 logos and product and service names are or may be our trademarks (the “Company Marks”). Without our prior written permission you agree not to display, copy, exploit or otherwise use in any manner the Company Marks.

 

 

VI. Copyright/Intellectual Property Policy

 

Tell us if you think a user has violated your copyright using the Services, or if you think someone incorrectly reported that you violated his or her copyright.

 

a. LA28 respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask you to do the same. Infringing activity will not be tolerated on or through the Services. Without waiver of any rights available under applicable law, LA28’s intellectual property policy is to remove or disable access to material that LA28 believes in good faith, within a reasonable time after notice from an intellectual property owner or its agent, is infringing the intellectual property of a third party by being made available through the Services, and (ii) remove or disable access to any content available through the Service that is posted by “repeat infringers.” Company considers a “repeat infringer” to be any user which has made content or Submissions (as defined below) available through the Service and for whom Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such content or creative ideas. LA28 has discretion, however, to terminate the account of any user, for any lawful reason, including but not limited to after receipt of a single notification of claimed infringement or upon LA28’s own determination

 

b. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. LA28 may share your Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you consent to LA28 making such disclosure. Your communication must include substantially the following:

 

i. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

 

ii. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a list of such works;

 

iii. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LA28 to locate the material;

 

iv. Information reasonably sufficient to permit LA28 to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

 

v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and

 

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

vii. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

 

c. Designated Agent Contact Information. LA28’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:

 

Via E mail: copyright@la28.org

Via U.S. Mail: LA28                        
                       Attn: Copyright—DMCA Agent
                       10900 Wilshire Blvd, Suite 700
                       Los Angeles, CA 90024

 

d. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

 

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of LA28 relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

 

17 U.S.C. § 512(f).

 

LA28 reserves the right to seek damages from any party that submits a notification under this Section in violation of the law, as well as all available legal remedies.

 

 

VII. Suggestions and Submissions

 

We appreciate your comments, but please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to  LA28 or any of its directors, officers, employees, contractors, or agents.

 

The purpose of this policy is to avoid potential misunderstandings or disputes when LA28’s strategies might seem similar to ideas submitted to it. If, despite our request that you not send us your ideas, you send us Submissions, then regardless of what your letter says, we will:

 

1. Own, exclusively, all now known or later discovered rights to the Submission;

 

2. Not be subject to any obligation of confidentiality and shall not be liable for any use, modification, or disclosure of any Submission; and

 

3. Be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation or attributions to you or any other person.

 

Additionally, you represent and warrant that such Submissions do not violate the intellectual property rights of any third party, including but not limited to the International Olympic Committee and the International Paralympic Committee.

 

 

VIII. Third Party Content Disclaimers, Limitations, and Prohibitions

 

You are responsible for your actions when using and relying on the Services or content available on the Services.

 

a. The Services may include content from third party websites or social media services, such as YouTube, Facebook, Twitter or Instagram, or the websites of our commercial sponsors (“Third Party Sites”), pursuant to the terms of third party API licenses and their terms of use. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications, including but not limited to features, content, advertising, products, or other materials embedded on our Services. You accept that any reliance on material available from third-parties through the Services will be at your own risk. By using the Services, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

 

b. You agree to use the Services only for their intended purpose. You must use the Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. You must comply with the following:

 

i. You may access the Services solely as intended through the provided functionality of the Services and as permitted under these Terms.

 

ii. Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Services without LA28’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without LA28’s express written consent:

 

A. Altering, defacing, mutilating or otherwise bypassing any approved software through which the Services is made available; and

 

B. Using any trademarks, service marks, design marks, logos, photographs or other content belonging to LA28 or any third parties or otherwise obtained from the Services.

 

iii. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Services designed to control the manner in which the Services are used, harvest or mine Company Content from the Services, or otherwise access or use the Services in a manner inconsistent with individual human usage.

 

iv. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Services, including any Company Content available on or through the Services, or attempt to do any of the foregoing, except and solely to the extent these Terms permit, the authorized features of the Servicse, or by law, or otherwise attempt to use or access any portion of the Services other than as LA28 intends.

 

v. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Services, including any Company Content available on or through the Services, or any portion thereof, through any other application or website, unless and solely to the extent LA28 makes available the means for embedding any part of the Services or Company Content.

 

vi. You agree not to access, tamper with, or use LA28’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of LA28’s providers.

 

vii. You agree not to spam, bully, harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including LA28 employees and other users.

 

viii. You agree not to solicit, or attempt to solicit, Personal Information from other users.

 

ix. You agree not to restrict, discourage or inhibit any person from using the Services, disclose Personal Information about a third person obtained from the Services without the consent of such person, or collect information about users.

 

x. You agree not to gain unauthorized access to the Services or to other computers or websites connected or linked to the Services.

 

xi. You agree not to transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services.

 

xii. You agree not to interfere with or disrupt the Services, or networks or servers connected to the Services, or violate the regulations, policies or procedures of such networks or servers.

 

xiii. You agree not to violate any applicable federal, state or local laws or regulations or these Terms.

 

xiv. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity, or express or imply that we endorse any statement that you make.

 

xv. You agree not to assist or permit any persons in engaging in any of the activities described above, or in any other activity that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying the Services.

 

We may investigate potential violations of the security of the Services or of the law and we may involve, and cooperate with, law enforcement authorities or other third parties in investigating and prosecuting such violations. A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.

 

c. Section 1542 Waiver. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

 

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.

 

 

IX. Consequences of Violating These Terms

 

If you do not act acceptably, we may prohibit your use of the Services.

 

We reserve the right to prevent access to the Services for any reason, at any time, at our discretion. We reserve the right to refuse to provide the Services to you in the future.

 

LA28 may review and remove any content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Services.

 

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.

 

 

X. Company’s Liability

 

We are not liable for the actions of users when they use the Services. We may also change the Services at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Services or other websites.

 

a. Changes to the Services. We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Site or any feature, without notice or liability.

 

b. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release LA28 of all claims, demands, and damages in disputes among users of the Services. You also agree not to involve us in such disputes. Use caution and common sense when using the Services.

 

c. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

 

d. Third-Party Sites. The Services may include links to websites and applications operated by third parties, which may include but are not limited to social media services such as YouTube, X, Facebook, or Instagram, or the websites of our commercial sponsors. Similarly, we may include content from these services or other sites on our Services, pursuant to the third party terms of use. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk, and we disclaim all liability arising from your use of them.

 

e. Disclaimer of Warranties.

 

You use the Services at your own risk. We make no warranties or guarantees.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES (DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (“RELEASED PARTIES” INCLUDE LA28 AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS.)

 

f. Limitation of Liability.

 

We are not liable for anything that happens to you that may be connected to your use of the Services. If you use the Services in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF LA28HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR THROUGH THE SERVICES; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

 

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

 

g. Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Company Content (whether or not authorized by us), or (iii) your breach of these Terms, including any representations or warranties contained herein. We will provide notice to you promptly of any such claim, suit, or proceeding.

 

 

XI. General Terms

 

These Terms constitute the entire agreement between you and LA28 concerning your use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

 

 

XII. Arbitration, Class Waiver, and Waiver of Jury Trial

 

LA28 is headquartered in California, so all disputes must be resolved there. The parties agree to first contact the other party with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms. We will contact you based on the contact information you have provided us.

 

a. Arbitration. We each agree to finally settle any claims or controversies against each other related in any way to the Services, Company Content or these Terms (“Disputes”) only by arbitration on an individual and non-class basis. In arbitration, there is no judge or jury and your right to appeal or seek review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in these Terms and can award the same damages and relief. The arbitrator’s decision and award, which shall be in writing and shall state the arbitrator’s reasoning and any relevant evidence or legal principles supporting the decision, is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

 

i. If either of us wants to arbitrate a dispute, we agree to send written notice to the other party providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to: LA28, 10900 Wilshire Blvd, Suite 700, Los Angeles, CA 90024 Attn: Chief Legal Officer (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within thirty (30) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.

 

ii. The FAA applies to these Terms, governs the interpretation and enforcement of this arbitration provision, including whether a dispute is subject to arbitration, and to the maximum extent allowable under applicable law, shall preempt application of state laws governing arbitration, including without limitation, provisions of the California Arbitration Act governing the payment, or shifting, of fees or costs of arbitration.

 

iii. The arbitration will be administered by the American Arbitration Association (“AAA”) under its arbitration rules, including where applicable, AAA’s Mass Arbitration Supplementary Rules and corresponding fee schedule. If any AAA rule conflicts with these Terms, these Terms will apply. You can obtain procedures, rules and fee information from the AAA at 1-800-778-7879 or www.adr.org.

 

iv. The arbitration will be conducted by a single neutral arbitrator and will take place in Los Angeles, California, unless otherwise required by law. The federal or state law that applies to these Terms will also apply during the arbitration.

 

v. We each agree that no dispute may be pursued in arbitration on a classwide or representative basis, but that where applicable, the AAA Mass Arbitration Supplementary Rules shall permit consolidation of claims to be heard by a single Merits Arbitrator, and such consolidation shall be encouraged in the interest of arbitral economy. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.

 

vi. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration, unless prohibited by applicable law.

 

vii. Either of us may bring qualifying claims in small claims court.

 

 

b. Opt-Out of Arbitration. WHEN YOU FIRST ENTER INTO THESE TERMS, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE (“OPT-OUT”) BY SENDING US AN OPT-OUT NOTICE TO THE ARBITRATION NOTICE ADDRESS LISTED ABOVE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ENTER INTO THESE TERMS. In order to opt-out, you must include your name, address (including street address, city, state, and zip code), and email address in your Opt-Out Notice. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

 

c. Equitable Relief. The foregoing provisions of this Section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. You acknowledge that, in the event LA28 or a third party breaches these Terms, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against LA28, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.

 

d. Claims. You and LA28 agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

e. Improperly Filed Claims. All claims you bring against LA28 must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, LA28 may recover attorneys’ fees and costs up to $5,000, provided that LA28 has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

 

f. Modifications. In the event that LA28 makes any future change to the Mandatory Arbitration provision (other than a change to LA28’s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to LA28’s Arbitration Notice Address, in which case your account with LA28and your license to use the Services will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of these Terms.

 

g. Enforceability. If only Section XII.a.iii or the entirety of this Section XII is found to be unenforceable, then the entirety of this Section XII will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section XII will govern any action arising out of or related to these Terms.

 

h. Notice for California Users. Under California Civil Code Section 1789.3, California users of our Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.