JamFast Terms of Use

The Services (including the Content) are owned by JamFast and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site and/or any Application are registered and unregistered marks of JamFast. The Application is licensed, not sold, to you. You acknowledge and agree that, as between you and JamFast, JamFast is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

Without limiting Section 2.1, you irrevocably consent and grant to JamFast, its affiliates, and its and their respective officers, directors, employees, agents, representatives, and licensees (collectively, the “Released Parties”) the unrestricted right to, in connection with the Services and your access to and use thereof, create or have created and use the Recordings and any other photographs, recordings, film, images, print, or other media and content (collectively, the “Works”) that include your name, image, likeness, appearance, identity, performance, voice, or material or information that you provide (collectively, the “Likeness”), and to otherwise use the Likeness, in each case, in connection with any advertising, publicity, or promotion of JamFast and its affiliates and their businesses, products, and services, in perpetuity throughout the universe, and in any media now existing or hereafter created. All Works that include the Likeness shall be deemed work-made-for-hire specifically ordered or commissioned by JamFast and, as between you and JamFast, all right, title, and interest in and such Works (including all intellectual property rights therein) shall be the exclusive property of JamFast. You hereby irrevocably assign to JamFast all right, title, or interest that you may be deemed to have in or to such Works (including all intellectual property rights therein). You agree that such Works may be copyrighted or otherwise protected by JamFast or its affiliates, and you irrevocably waive any and all claims you may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of “droit moral” in any such Works and shall not to institute or support, maintain, or permit any action or lawsuit on the grounds that such Works or any ancillary, subsidiary, related or other media produced or exploited by JamFast violates any of my rights or is in any way a defamation or mutilation of the Likeness. You acknowledge and agree that, as between you and JamFast, JamFast shall retain editorial, artistic, and technical control of such Works (and the content thereof) and shall have the unlimited right to edit, rearrange, vary, change, alter, modify, or delete from the Likeness therein. The Released Parties shall not have any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking, reproduction, or display of the Likeness. Nothing herein shall constitute any obligation on the part of JamFast to exercise the rights granted herein, and you shall not have any right to review or approve such Works or any use thereof.

You acknowledge that JamFast is not a signatory to any guild, union, or other collective bargaining agreement. Notwithstanding anything to the contrary, to the extent the use of any Works that include the Likeness constitute “covered services” under the SAG-AFTRA Commercials Contract or any other guild, collective bargaining, union, or similar agreement in any jurisdiction (each a “Guild Agreement”), you, at your sole cost and expense, will process, administer, and pay all compensation payable on account of any such covered services in accordance with the appliable Guild Agreement (including any applicable pension and health contributions). JamFast, in connection with the exercise of its rights hereunder, shall not be obligated to sign any Guild Agreement or assumption agreement, transfer of rights agreement, or other agreement creating any privity between JamFast and any guild or union (including but not limited to SAG-AFTRA), subjecting JamFast to audit or disclosure, or obligating JamFast to arbitrate disputes.

Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account, other than your parents or legal guardians who have rights to access and manage your account if you are a minor. If you are a parent or legal guardian, you may permit your child to use the account instead of you; however, you are liable for the activities of your child. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify JamFast of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

JamFast shall make reasonable efforts to ensure that the Services are available to you. However, access to the Services may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of JamFast’s control. JamFast will use commercially reasonable efforts to avoid downtime of the Services but assumes no liability if the Services or any part thereof is unavailable at any time or for any period. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

You acknowledge and agree that JamFast shall not have any liability or be responsible in any way for: (i) your use of the Internet to connect to the Services or any technical problems, system failures or security breaches; (ii) the hardware that you use to access the Services (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Services that is stored on your own hardware; or (iii) any fees you may incur in order to connect to the Internet for the purpose of using or accessing the Services.

The Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, videos, and other user-generated content or materials, including the Likeness of any individual(s), music (including musical compositions, recordings, lyrics and titles), and other intellectual property or other proprietary rights used, displayed or otherwise contained therein (collectively, “User Content”) and interact with others through user comment areas, message boards, and similar user-to-user areas. You may not post any User Content that:

• give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
• infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
• encourages criminal conduct;
• contains false, misleading, fraudulent, or deceptive claims or content;
• gives the impression that it emanates from or is endorsed by JamFast or any other person or entity, if this is not the case;
• contains any virus, malware, spyware, or other harmful content or code; or
• is otherwise in violation of our Community Guidelines.

You hereby grant to JamFast an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to JamFast that you own or control all rights in and to such User Content and have the right to grant the rights above to us. Whether or not any User Content is published, it will be subject to these Terms of Use. JamFast does not guarantee any confidentiality with respect to User Content, regardless of whether it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them.

You agree that you are solely responsible for your User Content, and you acknowledge and agree that JamFast is not responsible for, and does not endorse, any User Content. JamFast does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, JamFast retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.

While we appreciate your interest in the Services and our business, JamFast does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of JamFast might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Site or any Application shall be deemed to be non-confidential and non-proprietary.

You are responsible for compliance with all recording laws. JamFast automatically records courses and lessons. By using the Services, you are giving JamFast and all Coaches consent to store Recordings (and any other Works that include the Likeness) for any or all courses and lessons that you join. If you do not consent to being recorded, you can choose to leave the course or lesson. If you have a paid JamFast subscription, you may view Recordings through your JamFast account for as long as such paid subscription is active, but you have no other rights in the Recordings; without limiting the generality of the foregoing, you may not copy or download any Recordings.

If you purchase an auto-renewing periodic subscription through the Services, your account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your account through the Services and follow instructions to terminate or change your subscription.

In the Services, you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency or other virtual items solely for use in the Services (collectively, “Virtual Items”). You are allowed to purchase Virtual Items through the Services, and not in any other way. JamFast may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. JamFast may update the pricing of Virtual Items at any time in its sole discretion and may add new Virtual Items for additional fees. JamFast shall have no liability to you or any third party in the event that JamFast exercises any such rights. The transfer of Virtual Items is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to JamFast, another user, or any third party.

You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to use the Services, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method in line with your subscription cycle, in advance, for your subscription and/or to place a hold on your payment method with respect to any unpaid charges for your subscription. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms of Use shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You acknowledge and agree that we will have no liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

All financial transactions made in connection with the Services will be processed by a third party in accordance with their respective terms of use, privacy policy, and applicable payment terms and conditions. In no event will JamFast be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.

All fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Service other than taxes based on JamFast’s net income. We reserve the right, at any time, to change any fees or charges for using any services provided on the Services (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. We reserve the right to change the timing of our billing if your payment method has not successfully settled.

If you are not satisfied with the course or lesson you purchased, you can request, in writing, that JamFast apply a refund to your account. If we receive such a request, we will first work with you in good faith to resolve the issue, which resolution may include, for example, providing you with a new Coach. If we cannot resolve the issue despite such good-faith efforts, we will review the recording of the course or lesson in question, and if we determine, based on the recording, that you did not contribute to the issue for which you are requesting a refund, we will issue a refund or a credit equal to the value of the course or lesson at issue. If you, for example, do not show up for or are late for the course or lesson in question, are disruptive or off-topic, or otherwise interfere with the learning experience of yourself or others, we will not issue any refund. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our sole discretion. No refund is guaranteed, and there are no refunds for Virtual Items under any circumstances. We reserve the right, in our sole discretion, to limit or deny refund requests in cases where we believe there is refund abuse.

You acknowledge and agree that all information collected by JamFast is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

When you take a course or enroll in a lesson on JamFast, we will share your username and profile with the guitar coach who is teaching such course or lesson (each a “Coach”) for the purpose of teaching you on JamFast. You grant to us permission to share this information with the Coach. When you interact directly with a Coach, you are solely responsible for the personal information that you share with that Coach. We do not control what Coaches do with the information they obtain from other users on the platform. Our use of personal information we collect about you is subject to our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein.

JamFast reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that JamFast will not be liable to you or to any third party for any such change, suspension, or discontinuance. Without limiting the generality of the foregoing, JamFast may, from time to time in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that JamFast has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either (i) the Application will automatically download and install all available Updates, or (ii) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and will be subject to these Terms of Use.

JamFast has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use. In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

We do not exercise any editorial control over the content that is available on the Services and, as such, do not guarantee in any manner the reliability, validity, accuracy, decency, or truthfulness of the content. If you access content through the Services, you rely on it at your sole risk. Content available through the Services represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. The lessons offered on JamFast are offered directly by the Coaches. We do not hire or employ Coaches nor are we responsible or liable for any interactions involved between you and any Coaches. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Coaches. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE JAMFAST FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE WITH A COACH. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

THE SERVICES, THE APPLICATION AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND JAMFAST HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER JAMFAST NOR ANY PERSON ASSOCIATED WITH JAMFAST MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE APPLICATION OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER JAMFAST NOR ANYONE ASSOCIATED WITH JAMFAST REPRESENTS OR WARRANTS THAT THE SERVICES, THE APPLICATION OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, THE APPLICATION, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THE APPLICATION OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

to the fullest extent permitted by law, IN NO EVENT WILL JamFast OR its OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, THE APPLICATION OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 11.2, JAMFAST IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL JAMFAST’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO JAMFAST IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES AND THE APPLICATION IS AT YOUR SOLE RISK.

FURTHER, JAMFAST SHALL NOT BE LIABLE IN ANY WAY FOR ANY THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH COACHES OR OTHER USERS OF THE SITE.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 11 may not apply to you.

YOU AND WE AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OF USE OR YOUR USE OF THE APPLICATION, SERVICES AND/OR CONTENT WILL BE RESOLVED EXCLUSIVELY THOUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND JAMFAST REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE CLAIM), VIOLATION OF LAW OR ANY CLAIMS BASED ON ANY OTHER THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF THIS AGREEMENT, WITH THE FOLLOWING EXCEPTIONS:

• You may assert claims in your local small claims court if its rules permit it;
• Any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) must be brought in court; and
• In the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim against us (except for small-claims court actions) may be commenced only in a federal or state court located in the State of Nevada, and we both consent to the jurisdiction of and venue in those courts for such purposes. We both also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (excluding its privacy or publicity rights). You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
• This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.

ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If this specific provision is found to be unenforceable, then all of Section 16, other than subsection 16.8, will be null and void and neither of us will be entitled to arbitrate our dispute.

The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement. The AAA Rules may be accessed at www.adr.orgor by calling the AAA at 1-800-778-7879. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this Agreement as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or JamFast requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for JamFast, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it (see Section 16.7) and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:

Alternatively, the Demand may be filed with the AAA online using AAA WebFile: https://www.adr.org. Any Demand to JamFast should be addressed to:

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section 16. If the value of the relief sought is $5,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, but not your attorneys’ fees. Any request for payment of filing, administration, and arbitrator fees by JamFast should be submitted by mail to the AAA along with your Demand and JamFast will make arrangements to pay all such necessary fees directly to the AAA. In the event that the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by JamFast on your behalf that you otherwise would be obligated to pay under the AAA Rules.

IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 16, YOU MUST NOTIFY JAMFAST IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU BEGIN USING THE SERVICES. YOU MAY OPT OUT BY MAILING A WRITTEN NOTICE TO JAMFAST AT THE ADDRESS SET FORTH IN SUBSECTION 16.4. YOUR WRITTEN NOTIFICATION TO JAMFAST MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, PHONE NUMBER AND JAMFAST ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH JAMFAST THROUGH ARBITRATION. IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION 16, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY, INCLUDING SECTION 16.8, BELOW.

Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section 16 in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against JamFast prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and JamFast. We will notify you of amendments to the arbitration provisions of this Section 16 by posting the amended terms on the Site, and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you may cancel your Services and delete the Application from your Mobile Device within the 30-day period and you will not be bound by the amended terms.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND JAMFAST EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

JamFast may assign these Terms of Use or extend the rights and licenses granted hereunder to third parties, in JamFast’s sole discretion, and you understand that JamFast and such third parties will be relying on and incurring certain expenses based on rights and licenses you grant herein. You acknowledge that, other than as expressly stated herein, JamFast has not said or promised anything to induce you to enter into these Terms of Use. The rights and licenses granted herein are irrevocable and are not subject to rescission, revocation, or termination. Under no circumstance shall you be entitled to equitable or injunctive relief in connection with these Terms of Use, the Recordings, my Likeness or the use thereof as set forth herein and hereby irrevocably waive your rights to the same (if any).

JamFast is based in the State of Nevada in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Nevada, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Nevada.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

These Terms of Use, including our Privacy Policy and Community Guidelines constitute the sole and entire agreement between you and JamFast with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.