Terms of service
Terms of Service
Last Updated: 8/6/26
Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the website located at funsquadclub.com (the “Site”) and the members-only web portal accessible through the Site (the “Member Portal”), and your purchase of memberships and related merchandise offered for sale by Kids Fun TV LLC, dba Fun Squad Club (“Fun Squad Club”) on the Site. To make these Terms easier to read, the goods offered for sale by Fun Squad Club are called the “Products”, and the Site, Member Portal, and other interactive features or services, including our e-commerce platform services therein are collectively called the “Services.” These Terms govern your purchase of Products and your use of the Services, regardless of how you access them, whether by computer, mobile device, or otherwise; and whether directly through our Services, or through any third-party website that links to them, and regardless of whether you are a registered user or a guest.
Parts of the Services are intended for use by children under the age of 13 (“Children”). Children may not use the Services without their parent or legal guardian (“Parent”) providing prior verifiable parental consent as required by the Children’s Online Privacy Protection Act and its implementing regulations (“COPPA”).
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FUN SQUAD CLUB THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms. By using our Services and/or purchasing any Products, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services or purchase any Products.
2. Privacy Notice. Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share personal information.
3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Supplementary Terms. Certain Products, services, promotions, or content that we offer may be subject to additional terms and conditions or other agreements (“Supplementary Terms”) specified by us from time to time. In the event of a conflict between the Supplementary Terms and any provision in these Terms, the Supplementary Terms will prevail.
5. Who May Use the Services and Purchase Products?
You may sign up for the Services and purchase Products only if you are at least 18 years of age, capable of forming a binding contract with Fun Squad Club, and not otherwise barred from using the Services under applicable law. If you are under eighteen, you may only use the Services if your Parent reviews these Terms and accepts them on your behalf. Parents are responsible for the acts of the subaccounts they create, including Children. By purchasing a membership or creating an account, you represent and warrant that you are the Parent of the Child for whom the membership is purchased and that you accept these Terms on your own behalf and on behalf of your Child. You agree that neither you nor your Child will attempt to misrepresent the Child’s age to circumvent COPPA requirements or our verifiable parental consent procedures.
Delivery of Products to addresses outside the U.S. is not available for all items or to all addresses. We reserve the right to limit availability of, and/or to discontinue, any Product, Services, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities and/or cancel orders of any Product, Services, or other feature that we provide.
For certain features of the Services you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account, including, without limitation, all activities of subaccounts, Product purchases, and any other financial transactions. It’s your sole responsibility to protect your password from unauthorized use.
6. Parent-Submitted Content and Releases. From time to time, Fun Squad Club may offer Parents the opportunity to submit their child’s photo, video, first name, last name initial, birthday month, answers to questions, or other information for potential use in the Club magazine, on the Site, or in Fun Squad YouTube videos or other content (“Parent-Submitted Content”). Before any Parent-Submitted Content may be used, you must review and accept a separate release form (the “Content Release”), which specifies how such content may be used. The Content Release is incorporated into these Terms by reference. Fun Squad Club will not use any Parent-Submitted Content except as authorized by you through the applicable Content Release. Fun Squad Club may, but is not obligated to, review, screen, monitor, or moderate Parent-Submitted Content and other User Content before or after it is made available through the Services, and may reject, remove, edit, or disable access to any such content at any time in its sole discretion. Notwithstanding any monitoring Fun Squad Club may perform, Fun Squad Club does not guarantee that all objectionable, inaccurate, or inappropriate content will be identified or removed, and, to the maximum extent permitted by law, Fun Squad Club will not be responsible or liable for any Parent-Submitted Content or other User Content submitted by you or any other user, including content displayed through the Services before removal.
7. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Products and Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
8. Subscriptions.
(a) Subscription Terms. We offer tiered membership subscription plans (each, a “Subscription”). Depending on the membership tier you select, a Subscription may include regular shipments of physical Products selected by us, access to digital-only content, or both. You do not select the specific Products included in any Subscription; all Products are selected by us. You may upgrade or downgrade your membership tier at any time through the Parent Mode section of the Member Portal, and any such change will take effect as described at funsquadclub.com.
(b) Subscription Fee and Auto-Renewal. If you purchase a Subscription, you will be charged the applicable Subscription fee outlined for your selected membership tier at funsquadclub.com, plus any applicable taxes and other charges (“Subscription Fee”), at the beginning of your Subscription and on each recurring billing date thereafter at the then-current Subscription Fee. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT SUBSCRIPTION FEE UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE FUN SQUAD CLUB TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you on a recurring basis at the billing frequency for your selected membership tier (as described at funsquadclub.com) until you cancel your Subscription. Subject to applicable law, Fun Squad Club reserves the right to change the Subscription Fee and available Subscriptions at any time. Any Subscriptions you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Subscription. For annual Subscriptions, Fun Squad Club will send you a renewal reminder in accordance with applicable law before your Subscription renews. If Fun Squad Club changes the Subscription Fee for your membership tier, we will notify you in advance of the renewal date in accordance with applicable law. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Fun Squad Club. Your Subscription continues until cancelled by you or we terminate your access in accordance with these Terms.
(c) Cancellation. You may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. To cancel, log in to the Parent Mode section of the Member Portal and click the “Cancel Membership” button (displayed above the fold on your account settings page), then confirm your cancellation when prompted. Cancellation will be effective at the end of the then-current billing period; you will retain access to digital content and the Member Portal through the end of that period. If you cancel, you may keep any physical Products already shipped to you; no return is required. SUBJECT TO APPLICABLE LAW, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
9. Terms of Sale. The following terms apply to your purchase of Products, whether by way of a Subscription, one-off à la carte purchase of merchandise, or otherwise.
(a) Product Descriptions. We try to make the Services and the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Services may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. For example, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to correct errors (whether by changing information on the Services or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice. Subject to applicable law, all Product descriptions are subject to change at any time without notice, in our sole discretion. Any offer for any Product made via our Services is void where prohibited.
(b) Availability and Pricing. Fun Squad Club reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. We reserve the right to discontinue any Product at any time. Physical Products are available only for shipping within the United States; digital-only membership tiers are available both in the U.S. and internationally. All prices are quoted in U.S. dollars. The prices displayed do not include shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at checkout before you place an order and you are responsible for paying such charges and taxes to Fun Squad Club. We may occasionally make errors in the stated prices on the Services. If a product’s correct price is higher than the listed price, we will, subject to applicable law, either confirm the correct price with you or cancel your order and notify you of such cancellation.
(c) Purchasing Products. We have the right to refuse or limit any orders or quantities, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason. We will not be liable if a Product is unavailable or if shipment is delayed. We reserve the right to provide substantially similar products to fulfill your order.
(d) Shipping and Returns. All Products purchased via our Services are also governed by our Return Policy located at https://funsquadclub.com/policies/refund-policy (“Return Policy”), which is incorporated into these Terms by reference. If you receive a damaged or incomplete shipment, please contact us within thirty (30) days of receipt using the contact information in these Terms. Please review the Return Policy before purchasing a Product from or entering into any such purchase transaction with Fun Squad Club. Any Products purchased through an unauthorized vendor cannot be returned or exchanged.
(e) Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on the Services for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
(f) Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please email us at support@thefunsquad.com. Please see the Refund Policy at https://funsquadclub.com/policies/refund-policy for more information about refunds.
10. Ordering; Payment
(a) Transaction Authorization. When you make a purchase via the Services, whether for individual Products or a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges that your bank or other financial service provider may levy on you). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(b) Payment. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (i) you providing complete personal, account, transaction and any other information needed, (ii) authorization of the payment by your credit or debit card company, and (iii) acceptance of your payment.
(c) Cancellation of Orders. This Section 10(c) applies to cancellation of individual Product orders and payments and does not govern cancellation of Subscriptions, which is addressed in Section 8(c). Except as expressly provided in these Terms, all individual Product orders are non-cancelable; we may grant or deny cancellation requests for individual orders in our sole and absolute discretion. We may also, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if your payment method is declined; (iv) if we suspect fraudulent, unlawful or improper activity regarding a payment; (v) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; (vi) failure to cooperate in an investigation or provide additional information when requested; or (vii) any other circumstances we deem appropriate in our sole discretion.
(d) Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
(e) Promotional Codes. Fun Squad Club may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. The promotional code must be redeemed at the time of checkout, unless otherwise advertised, and cannot retroactively be applied to a purchase. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Fun Squad Club at any time in its sole discretion.
11. Member Portal Access.
(a) Portal Access. If you have an active Subscription, Fun Squad Club grants you access to the Member Portal, a members-only area of the Site where you and your child can view exclusive video content, monthly Club “meetings,” personalized video greetings, and other member benefits. Access to the Member Portal is personal to your household, non-transferable, and subject to these Terms. You may not share your login credentials with anyone outside your household or permit unauthorized access to the Member Portal.
(b) Parent Mode and Kid Mode. The Member Portal includes two viewing modes: “Kid Mode,” which displays content suitable for your child, and “Parent Mode,” which is protected by a four-digit PIN code you set and which provides access to account settings, upgrade/downgrade options, cancellation, FAQs, and opt-in features. You are solely responsible for keeping your Parent Mode PIN confidential and for all activity that occurs under your account.
(c) Communications. As part of the Services, you may (if enabled) receive email notifications, text messages, or other types of messages from Fun Squad Club (“Communications”). By providing your contact information and opting in to Communications, you agree to receipt of Communications from Fun Squad Club. Standard messaging or data rates may apply depending on your carrier plan.
12. General Prohibitions and Fun Squad Club’s Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror, extract, scrape, copy, index or frame the Services (including any content made available by us therein) or any individual element within the Services, Fun Squad Club’s name, any Fun Squad Club trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Fun Squad Club’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Fun Squad Club’s computer systems, or the technical delivery systems of Fun Squad Club’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Fun Squad Club system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Fun Squad Club or any of Fun Squad Club’s providers or any other third party (including another user) to protect the Services;
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Fun Squad Club or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a Fun Squad Club trademark, logo URL or product name without Fun Squad Club’s express written consent;
(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.
Fun Squad Club is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You are solely responsible for your interactions with other users of the Services and Fun Squad Club bears no responsibility for your interactions with other users of the Services. Further, Fun Squad Club is not party to any disputes between you and other users.
13. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
14. Termination. We may suspend or terminate your access to and use of the Services, including cancelling any order for Products, suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time through the Parent Mode section of the Member Portal. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 4, 6, 7, 8(b), 9(b), 9(d), 10(a) (only for payments due and owing to Fun Squad Club prior to the termination), 10(b), 10(d), 12, 14, 15, 16, 17, 18, 19, and 20.
15. Warranty Disclaimers. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
16. Indemnity. You will indemnify and hold Fun Squad Club and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your purchase of, access to or use of the Products or Services, (b) your User Content, or (c) your violation of these Terms.
17. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FUN SQUAD CLUB NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FUN SQUAD CLUB OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FUN SQUAD CLUB’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO FUN SQUAD CLUB FOR USE OF THE SERVICES AND PURCHASE OF PRODUCTS OR ONE HUNDRED DOLLARS ($100) OR THE PRICE THAT YOU HAVE PAID FOR PRODUCTS, WHICHEVER IS GREATER.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FUN SQUAD CLUB AND YOU.
18. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Utah, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Fun Squad Club are not required to arbitrate will be the state and federal courts located in Salt Lake County, and you and Fun Squad Club each waive any objection to jurisdiction and venue in such courts.
19. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Products and Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Fun Squad Club agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Fun Squad Club are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 19(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.